1. Alternative Dispute Resolution Mediation

2. What is Dispute Resolution? Methods to resolve a conflict Methods to resolve a conflict May be referred to as: May be referred to as: Alternative Dispute Resolution Alternative Dispute Resolution Appropriate Dispute Resolution Appropriate Dispute Resolution ADR ADR Alternatives to court Alternatives to court

3. Uses of ADR ADR can be used to resolve any type of dispute, including, but not limited to: ADR can be used to resolve any type of dispute, including, but not limited to: Neighborhood Neighborhood Employment Employment Business Business Housing Housing Personal Injury Personal Injury Consumer Consumer Environmental Environmental

4. Advantages to ADR Cheaper Cheaper Faster Faster Greater participation in reaching a solution Greater participation in reaching a solution Control over the outcome Control over the outcome Less formal Less formal More Flexible More Flexible Confidential Confidential

5. Mediation A private process A private process Neutral third-party neutral helps parties discuss and try to resolve the dispute Neutral third-party neutral helps parties discuss and try to resolve the dispute

6. How Mediation Works Parties describe issues Parties describe issues Discuss their interests, understandings, and feelings Discuss their interests, understandings, and feelings Provide information Provide information Explore ideas for the resolution Explore ideas for the resolution

7. A Typical Day In Mediation Most mediations start with the parties together in a joint session with a mediator who: Most mediations start with the parties together in a joint session with a mediator who: Describes how the process works Describes how the process works Explains the mediator’s role Explains the mediator’s role Helps establish ground rules Helps establish ground rules Develop agenda Develop agenda Parties tell their stories Parties tell their stories Some mediators conduct entire process in joint session Some mediators conduct entire process in joint session Sometimes mediators will move to separate sessions called caucuses or shuttle diplomacy Sometimes mediators will move to separate sessions called caucuses or shuttle diplomacy If parties reach agreement the mediator may help reduce the agreement to a written contract usually enforceable in court If parties reach agreement the mediator may help reduce the agreement to a written contract usually enforceable in court

8. What About Cases Already In Court? Some courts mandate certain cases go to mediation Some courts mandate certain cases go to mediation The process remains “voluntary” in that the parties are not required to come to agreement The process remains “voluntary” in that the parties are not required to come to agreement Mediator does not have power to make decision Mediator does not have power to make decision Only people who can resolve the dispute in mediation are the parties themselves Only people who can resolve the dispute in mediation are the parties themselves

9. What Role Do Attorneys Play Not required to have an attorney to participate Not required to have an attorney to participate Where court has referred case to mediation, attorneys usually participate except in many divorce cases Where court has referred case to mediation, attorneys usually participate except in many divorce cases Roles vary: accompany their clients or participate as counselors or advocates Roles vary: accompany their clients or participate as counselors or advocates

10. What Happens If There Is An Agreement? Usually there is no deal unless it is written down Usually there is no deal unless it is written down Many states have special laws that allow for easy enforcement of agreement reached in mediation without having to go through a real trial Many states have special laws that allow for easy enforcement of agreement reached in mediation without having to go through a real trial

11. What Happens If There Is An Agreement? (Cont.) Most states have rules that permit the parties to introduce the agreement in court despite rules about confidentiality in order to allow the parties to enforce their agreements Most states have rules that permit the parties to introduce the agreement in court despite rules about confidentiality in order to allow the parties to enforce their agreements This does not prevent parties from making agreement confidential and most courts have a way to hold a confidential hearing if necessary This does not prevent parties from making agreement confidential and most courts have a way to hold a confidential hearing if necessary

12. Thank You