1. Mediation & Conflict Resolution
Legal Mediations
Mediation & Conflict Resolution

2. 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

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

4. 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

5. 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

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

7. 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

8. What Mediations Look Like….

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

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

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

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

13. Finished Document
6:00 p.m.

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