Transcript Bringing Mediation Home Lynn P. Cohn Explaining Mediation Mediation is:  voluntary  a private process in which a neutral party helps people resolve disputes 

Bringing Mediation Home
Lynn P. Cohn
Explaining Mediation
Mediation is:
 voluntary
 a private process in which a neutral
party helps people resolve disputes
 getting two or more emotional people
with a problem to talk with each other
Explaining Mediation
Mediation is not:
 making decisions for disputants
 free discovery for an inevitable
arbitration
Explaining Mediation
Key Features of Mediation Process
 Voluntary
 Parties decide to enter the mediation
process
 Parties can leave the mediation process at
any time
 Parties decide on the outcome of the
dispute
Explaining Mediation
Key Features of Mediation Process
 Neutral, impartial mediator shall:
 only mediate matters in which she/he can
remain impartial
 disclose conflicts of interests; following
disclosure, may continue if parties agree
 honor the principle of self-determination
Explaining Mediation
Key Features of Mediation Process
 Confidential
 It is a confidential settlement process.
 Neither the mediator nor the parties shall
disclose the communications/conduct of the
mediation, unless all parties agree (with
limited exceptions).
Explaining Mediation
Why Mediation Works
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Quick
Low cost
Flexible process
Maintains/improves relationships
Gets parties to come together/talk
Explaining Mediation
Why Mediation Works
 Improves poor communication/resolves
misunderstanding
 Discovers/addresses the true interests of parties
 Moves beyond different views of law/fact
 Allows creative solutions beyond win/lose
 Disputes settle
 Parties do not give up right to arbitrate
Explaining Mediation
When Mediation Will Not Work
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Precedent desired
No relationship and cheaper to contest the claim
Vindication/punishment remains main objective
Jackpot syndrome (maximize/minimize
recovery)
Explaining Mediation
Mediation Versus Arbitration
 Mediation and arbitration are private
 Mediation and arbitration both involve the
assistance of a trained neutral
 Mediation is cheaper than arbitration
 Mediation is faster than arbitration
 Mediation offers a wide range of solutions,
unlike arbitration
Explaining Mediation
Mediation Versus Arbitration
 Mediation allows parties to control the
outcome, unlike arbitration
 Mediation may maintain/improve the
relationship, unlike arbitration
 Arbitration ensures certain closure, unlike
mediation
Selling Parties On Mediation
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Explain the process at their level.
Find out what the concern is, and address it.
Explain options if case does not settle.
If available, offer data about
success/satisfaction.
 Give a hesitant party some (but not too much)
time.
 Let them decide.
Establishing a Panel of Mediators
Select mediators based on:
 skill with mediation process
 substantive knowledge
 reputation for fairness
Establishing a Panel of Mediators
Key Components of a Mediator
Training Program
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Mediation demonstration
Simulations, simulations, simulations!
Communication skills
Negotiation skills
Mediation strategies
Establishing a Panel of Mediators
Key Components of a Mediator
Training Program
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Ethical concerns
Feedback
Procuring cause
Opportunities to refresh skills over time
Establishing a Panel of Mediators
Alternatives to Setting Up Own Training
 Send students to general mediation
skills training
 Connect to mediation panels for
court programs
Materials
 Model
 Training manual
 Forms
 Disk
Data Collection
 Quality control surveys
 Database
 Report to NAR