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MEDIATION

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MEDIATION What is mediation? Mediation is often referred to as being assisted negotiation. It is a voluntary process in which parties attempt to resolve a dispute ... – PowerPoint PPT presentation

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Title: MEDIATION


1
MEDIATION
2
What is mediation?
  • Mediation is often referred to as being assisted
    negotiation.
  • It is a voluntary process in which parties
    attempt to resolve a dispute with the help of a
    neutral 3rd party called a mediator.
  • The mediator is not a judge and does not decide
    who is right.
  • Mediators use many of the skills that negotiators
    use.

3
What types of disputes can be mediated?
  • Civil litigation
  • Family/divorce
  • Consumer
  • Workplace/employment
  • Neighborhood
  • Landlord/ tenant
  • Business contracts
  • Disability issues
  • School
  • Church

4
When is mediation NOT appropriate?
  • An incident had just occurred and people are too
    upset.
  • One party is using mediation to escalate the
    dispute
  • One party seems incapable of listening
  • One party might be better off using the courts
  • The issue deserves public attention.

5
TYPES OF MEDIATION
  • Facilitative
  • Evaluative
  • Transformational

6
WHY MEDIATE?
  • Economical Decisions
  • Rapid Settlements
  • Mutually Satisfactory Outcomes
  • High Rate of Compliance
  • Comprehensive and Customized Agreements
  • Greater Degree of Control and Predictability
  • Personal Empowerment
  • Preservation of an Ongoing Relationship or
    Termination of a Relationship in a More Amicable
    Way
  • Workable and Implementable Decisions
  • Agreements that are Better than Simple
    Compromises or Win/Lose Outcomes Decisions that
    Hold Up Over Time

7
STEPS IN THE MEDIATION PROCESS
  • Mediator opening statement
  • Party opening statements
  • Exchange/negotiation
  • Caucuses
  • Closure/agreement

8
MEDIATOR OPENING
  • Welcome and introduction
  • Purpose of mediation the mediators role
  • Logistics timeframe, breaks, restrooms
  • Confidentiality explained
  • Agenda
  • Caucusing explained
  • Ground rules
  • Questions
  • Commitment to proceed

9
THE MEDIATORS ROLE
  • Convener
  • Educator
  • Communication Facilitator
  • Translator
  • Questioner and Clarifier
  • Process Advisor
  • Angel of Realities
  • Catalyst
  • Responsible Detail Person

10
HOW TO OVERCOME IMPASSEby Department of Veterans
Affairs
  • http//www.mediate.com/articles/va2.cfm

11
MODEL STANDARDS OF CONDUCT FOR MEDIATORS
  • Self-Determination
  • Impartiality
  • Conflicts of Interest
  • Competence
  • Confidentiality
  • Quality of Process
  • Advertising and Solicitation
  • Fees
  • Obligation to the Mediation Process

12
Uniform Mediation Act of 2001 (Amended in 2003).
  • Adopted by
  • District of Columbia
  • Illinois
  • Iowa
  • Nebraska
  • New Jersey
  • Ohio
  • South Dakota
  • Utah
  • Vermont
  • Washington
  • Idaho
  • Proposed in 2008 by
  • New York

13
What legal protections apply to insure
confidentiality in mediation?
  • Contractual agreements
  • Statutory protection
  • Federal Protections
  • Federal Rules of Evidence 408 protects against
    admissibility of offers and compromises or
    conduct and statements in negotiations
  • Federal Rules of Civil Procedure 68 prohibits
    later admissibility of offers in negotiations
    conducted during litigation.
  • State Protections Vary

14
Ga. Alternate Disp. Resol. Rule 7
  • Any statement made during a court-annexed or
    court-referred mediation or case evaluation or
    early neutral evaluation conference or as part of
    intake by program staff in preparation for a
    mediation, case evaluation or early neutral
    evaluation is confidential,
  • not subject to disclosure,
  • may not be disclosed by the neutral or program
    staff, and
  • may not be used as evidence in any subsequent
    administrative or judicial proceeding.

15
Ga. Alternate Disp. Resol. Rule 7
  • Any document or other evidence is not subject to
    discovery.
  • A written and executed agreement or memorandum of
    agreement resulting from a court-annexed or
    court-referred ADR process is discoverable unless
    the parties agree otherwise in writing.

16
Ga. Alternate Disp. Resol. Rule 7
  • Neither the neutral nor any observer in a
    court-annexed or court-referred ADR process may
    be subpoenaed or otherwise required to testify
    concerning a mediation in any subsequent
    administrative or judicial proceeding.
  • A neutral's notes or records are not subject to
    discovery.

17
Confidentiality does not extend to
  • a situation in which
  • a) there are threats of imminent violence to self
    or others or
  • b) the mediator believes that a child is abused
    or that the safety of any party or third person
    is in danger.
  • documents or communications relevant to legal
    claims or disciplinary complaints brought against
    a neutral or an ADR program and arising out of an
    ADR process.
  • Documents or communications relevant to such
    claims or complaints may be revealed only to the
    extent necessary to protect the neutral or ADR
    program.
  • Parties should be informed of limitations on
    confidentiality at the beginning of the
    conference.
  • (Ga. Alternate Disp. Resol. Rule 7)
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