Mediator Resource Network A collaborative organization of qualified and credentialed mediators engaged in and committed to private practice mediation www.mediatornetwork.org.

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Presentation transcript:

Mediator Resource Network A collaborative organization of qualified and credentialed mediators engaged in and committed to private practice mediation

What is Mediation?

A private and confidential process in which a neutral third party (the mediator) assists people to work out their disputes and develop solutions, agreements or understanding.

What Is Mediator’s Role? 1. Facilitate the Conversation Between the Parties 2. Remain Neutral and Impartial 3. Encourage the Interests of Both Sides to be Met 4. DO NOT give legal advice 5. Make NO JUDGEMENT of Right or Wrong 6. Keep Communication Moving Forward

The Advantages of Mediation  Cost Effective  Tailored Resolution  More Convenient  Party Determined Outcome  Confidential and Informal  Enhanced Communication  Preserve Relationships  Can resolve more than legal issues  No Forced Agreements

What Can Be Mediated?  Family  Divorce, Parenting Time, Elder Care, End of Life Issues, Estates, Probate, etc.  Civil  Tenant/Landlord, HOA, Neighborhood Disputes, Accidents  Business  Contracts, Employee/Employer, Vendors, Consumer Disputes, Intellectual Property, Union Contracts, Collective Bargaining  Juvenile  Truancy, Victim Offender  Most Court Cases or Any Dispute  Any issue best served with mutual satisfaction

Who is in the Room?  The Mediator (and possibly a co-mediator)  Each party and the attorney if they have one.  Any other “decision maker” relevant to the mediation. Additional participants must be agreed to by both parties.

What Happens in Mediation?  Parties should have signed “Agreement to Mediate”.  Introduction – Mediator explains process and expectations.  Parties express their goals for mediation.  Parties explore interests, options and look for mutual resolution.  Mediator helps put agreements in writing  Mediator fees usually split equally

FAQ's Do Mediators have to be attorneys? No. Are mediators trained to for mediations? Texas trained mediators should have 40 hours (with 3 hours ethics) Professional Mediation Training and 30 hours (with 2 hours ethics) Advanced Mediation Training to mediate Family Issues. There is a credentialing organization in Texas also. Texas Mediators Credentialing Association. All MRN Mediators are credentialed. MRN mediators complete annual continuing education to remain current in all aspects of mediation. Do I have to have an attorney to mediate an issue? No, you do not have to have an attorney. If mediation is utilized early by the parties, resolution or understanding can occur and prevent legal action.

Question and Answer