Mediation Phillip Howell-Richardson. Overriding Goals Maintaining control over the outcome Maintaining control over the resolution process Achieving a.

Slides:



Advertisements
Similar presentations
Preventive Mediation. 2 Secret To help improve ongoing relationships and keep the lines of communication open between employers and unions, the Federal.
Advertisements

Last Topic - National Security Measures taken to ensure national security include Pakistan National Security Council (PNSC) Elements of National Security.
Mark Brennan Director of Liquor Licensing The Return on Investment in Professional Dispute Resolution Thursday 2 June 2011.
Legal and Ethical Environment of Business (Mgmt 518) Dispute Resolution (Chapters 2 and 3) – Part 2 Professor Charles H. Smith Summer 2012.
WORKPLACE MEDIATION.
1 The Collaborative Family Law Process 101: A New Role for the Family Law Attorney By: Dawn Anderson.
Using Transformative Mediation and Communication Skills in High Conflict Dialogues Mardi Winder-Adams Positive Communication Systems Pieces.
MODULE 23 CONFLICT AND NEGOTIATION
ADR Alternative Dispute Resolution. Criminal Law vs. Civil Law Criminal LawCivil Law Deals with crime Deals with disputes between individuals/organizations.
Court Annexed Arbitration Authorized by Congress Cases less than 100,000 Qualifications of Arbitrators set Disincentive for de novo hearing Sanctions for.
Business and Its Legal Environment (Mgmt 246) Alternative Dispute Resolution (Chapter 3) Professor Charles H. Smith Fall 2010.
DISPUTE RESOLUTION METHODS
DISPUTE RESOLUTION Collie Edgar Norman Interim Program Director Office of Dispute Resolution.
Introduction to Mediation. Alternative Dispute Resolution Negotiation Negotiation Arbitration Arbitration Mediation Mediation.
Mediation. Mediation / Conciliation vs. Arbitration n Mediation / Conciliation –Process where a third party intervenes. –By invitation of the parties.
Dr. Kariuki Muigua, Ph.D. THE CONSTITUTION OF KENYA, 2010 Opportunities for Architects and Engineers DR. KARIUKI MUIGUA,Ph.D.
Alternative Dispute Resolution Duncan Bunce Presentation by Duncan Bunce Read & Précis: Chapter 4, Issue 1, pages
Labor Management Relationship Building. Overview Rights Based Approach Cooperative Approach Roles of Labor and Management Goals and Interests of Labor.
CPR’S DISPUTE PREVENTION INITIATIVE James P. Groton Sutherland Asbill & Brennan LLP (Retired) Member, CPR Dispute Prevention Exploratory Group.
Third Party Alternative Dispute Resolution. Alternative Dispute Resolution (ADR)?  It involves the application of theories, procedures, and skills designed.
1 A Tool to Prepare Your Client for Mediation Asia-Pacific Mediation Summit New Delhi February 15, 2015 George J. Siedel Ross School of Business University.
Settling Disputes Chapter 4. 10/21/ Key Question: What are the essential differences between negotiation, mediation, arbitration and court action?What.
1 Agenda Amanda Project Amanda Project Read your role (15 minutes) Read your role (15 minutes) Three parties meet (20 minutes) Three parties meet (20 minutes)
U. S. ARMY, SIMULATION TRAINING AND INSTRUMENTION COMMAND (STRICOM) R ESOLVING E MPLOYMENT D ISPUTES S WIFTLYREDS.
PACS 3700/ COMM 3700 ADR – Alternative Dispute Resolution, cont. (Third Party Approaches to Conflict) April 15.
PACS 3700/ COMM 3700 ADR – Alternative Dispute Resolution (Third Party Approaches to Conflict)
Alternative Dispute Resolution (ADR) Pages
 Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator.
Our Faltering Jury Jury system assures community participation in law Vehicle for participation in democratic society Jury verdicts have led to social.
What is conflict negotiation Communication designed to anticipate, contain, and resolve disputes so that the parties reach mutually acceptable solutions.
If you are dissatisfied with your purchase; you need to keep the following items:  Copy of receipts  Names of people you spoke to  Dates of attempted.
1. 2 Introductions Biography 3 Agenda What is Conflict? Role of ADR ADR Continuum Benefits of ADR Case for Mediation Case Studies ADR Institute of Ontario.
Managing Conflict and Negotiation
Formal Justice Legal system is primary forum for resolution of conflict and settlement of disputes Judges are final arbiters of social conflict What kinds.
Alternative Dispute Resolution -. ADR Processes The most common forms are: –negotiation –mediation –arbitration.
TRAINING FOR ADR John Stirling Visiting Fellow Universities of Bradford and Northumbria.
Norma C. Izzo Jennings, Strouss & Salmon, PLC One E. Washington Street, Suite 1900 Phoenix, Arizona (480) Alternative.
© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION ARBITRATION AND ADR.
Solving a civil dispute Methods of dispute resolution Chapter 9.1.
© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Thirteen Alternative.
Settling Disputes out of Court Conflict is a part of everyday life. Courts can help resolve conflicts, but there are other methods to help solve everyday.
BY NUR AFIQAH BINTI MOHD ISA NOOR FATHIHAH BINTI MOHD JASRIB NUR SUZANNA BINTI AZMI MURAD International Business Law.
Copyright © The Beyond Intractability Project Beyond Intractability is a Registered Trademark of the University of Colorado PowerPoint Summary.
THIRD PARTIES. Negotiation would appear to be the best way to settle a dispute Parties control process Flexible Places responsibility to resolve solely.
What is ADR? The selection and application of a dispute prevention or resolution tool that results in a decision made by the.
© 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved.1 PowerPoint Slides to Accompany The Legal, Ethical, and International.
A LTERNATIVE D ISPUTE R ESOLUTION Arbitration & Mediation.
January 2016 Role and Function of the FMCS. Statutory Mission 2 Created in 1947 as an Independent agency under Taft-Hartley Act.
Resolving Health Care Disputes
Business Management 12 Ms. Melbourne
ALTERNATIVE DISPUTE RESOLUTION
The Civil Courts and other forms of Dispute Resolution
Alternative Dispute Resolution
Chapter 4 Settling Disputes
COMMERCIAL MEDIATION IN PE
Alternative Dispute Resolution
SIMAD UNIVERSITY Keyd abdirahman salaad.
Managing Difficult Disputes and Negotiations: Third-Party Approaches
Introduction to Mediation
Resolving Health Care Disputes
ALTERNATIVE DISPUTE RESOLUTION.
ישוב סכסוכים מחוץ לבתי המשפט
Introduction to Theme 3: Justice
Alternative Dispute Resolution
Mediation - a brief summary
2/25/2019 Breach of Contracts Alternative Disputes Resolutions Legal English Course 2008/09 Prof. Rossana Buzzi.
Civil Pretrial Practice
WHAT IS A CONFLICT?.
Introduction to Mediation
Review: Third Party/Visitation and Modification
Presentation transcript:

Mediation Phillip Howell-Richardson

Overriding Goals Maintaining control over the outcome Maintaining control over the resolution process Achieving a speedy resolution Avoiding high cost Maintaining privacy Avoiding animosity and maintaining or restoring a business relationship

Mediation v Arbitration

GEORGIA-PACIFIC CORPORATION Summary of ADR Savings 1995 through 2005 YEARNO. OF CASESESTIMATED SAVINGS $1 MILLION $1.5 MILLION $6.5 MILLION $6 MILLION $2.5 MILLION $4.25 MILLION $2.97 MILLION $2.3 MILLION $2.35 MILLION $3.41 MILLION $6.97 MILLION

Some Barriers to Resolution Is emotion causing impasse or likely to damage negotiation? Is a reality check for the parties regarding their position and expectations needed? Is there an opportunity to reframe this dispute through the eyes of a neutral? Is there an opportunity to educate decision makers by their involvement in the process? Is there a need for each side to a dispute to tell their own story? Is there a need to obtain a key issue guide?

MEDIATION CREATES WINNERS