Transcript Mediation Methods to resolve a conflict May be referred to as: Alternative Dispute Resolution Appropriate Dispute Resolution ADR Alternative to court ADR can be used to resolve any type of dispute, including, but not limited to: • Neighborhood • Employment • Business • Housing •

Mediation
Methods to
resolve a
conflict
May be referred
to as:
Alternative
Dispute
Resolution
Appropriate
Dispute
Resolution
ADR
Alternative to
court
ADR can
be used to
resolve any
type of
dispute,
including,
but not
limited to:
• Neighborhood
• Employment
• Business
• Housing
• Personal Injury
• Consumer
• Environmental
Cheaper
Faster
Greater participation in reaching a solution
Control over the outcome
Less formal
More Flexible
Confidential
A private process
Neutral third-party
neutral helps parties
discuss and try to
resolve the dispute
Parties describe issues
Discuss their interests,
understandings, and feelings
Provide information
Explore ideas for the
resolution
Most
mediations
start with
the parties
together in a
joint session
with a
mediator
who:
• Describes how the process works
• Explains the mediator’s role
• Helps establish ground rules
• Develop agenda
• Parties tell their stories
• Some mediators conduct entire process in
joint session
• Sometimes mediators will move to separate
sessions called caucuses or shuttle
diplomacy
• If parties reach agreement the mediator may
help reduce the agreement to a written
contract usually enforceable in court
Some courts mandate certain cases go to mediation
The process remains “voluntary” in that the parties
are not required to come to agreement
Mediator does not have power to make decision
Only people who can resolve the dispute in
mediation are the parties themselves
Not required to have an attorney to participate
Where court has referred case to mediation, attorneys
usually participate except in many divorce cases
Roles vary: accompany their clients or participate as
counselors or advocates
Usually there is no deal unless it is
written down
Many states have special laws that
allow for easy enforcement of
agreement reached in mediation
without having to go through a real
trial
Most states have
rules that permit
the parties to
introduce the
agreement in
court despite
rules about
confidentiality in
order to allow
the parties to
enforce their
agreements
•This does not prevent
parties from making
agreement confidential
and most courts have a
way to hold a
confidential hearing if
necessary