Mediation & Conflict Resolution Legal Mediations Mediation & Conflict Resolution

What is a legal mediation? Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. Goals: identify interests, develop REALISTIC solutions

Why mediate? Preserve relationships Cost effective Mediations are confidential Avoid going to court

Role of the Mediator Neutral / Impartial Third Party Help Facilitate and Improve Communication Promote Voluntary Decision Making Mediator can be chosen by 1) parties, or 2) a mediation organization Qualifications: training and certification, subject matter expertise, strong interpersonal skills

Stages of Mediation Introduction: (By Mediator and By Parties) Opening Statements Identify, Clarify and Analyze Issues Generate Solutions Evaluate Solutions and Fairness Establish Commitment Finalize Agreements

Expectations of Parties Attend with or without counsel Explain interests and expectations Listening actively and respond Help generate and evaluate solutions Reach collaborative decision

Expectations of Counsel Prepare their clients for the mediation (help them identify interests and priorities) Brief the mediator prior to the mediation (optional) Help generate and evaluate solutions (reality check) Advise clients Prepare mediation agreement documents

What Mediations Look Like….

Room A 9:00 a.m. M M = Mediator

Room A 11:00 a.m. M Room B M = Mediator

Room A M 1:00 p.m. Room B M = Mediator

Room A 4:00 p.m. M M = Mediator

Finished Document 6:00 p.m.

Guest Speaker: Kimberly Charles Managing Attorney at Atlanta Legal Aid Society, Inc. Southside Office (South Fulton and Clayton Counties) atlantalegalaid.org