Introduction to Mediation

Alternative Dispute Resolution Negotiation Arbitration Mediation Why?

Negotiation The disputing parties talk to each other about their problem and try to reach a solution that is acceptable to them. Examples: anything from family disputes, sports contracts, multi-million dollar business transactions, etc.

Arbitration The disputing parties agree to have another person listen to their arguments and make a decision for them. Arbitrator is like a judge, but less formal than court “Binding” vs. “Non-binding”: legally must follow vs. more of a suggestion for the two parties Common in contract and labor disputes Service and sales contracts usually contain “binding” arbitration

Mediation A person not involved in the dispute helps the disputing parties talk about their problem and settle their differences.

The Benefits of Mediation Voluntary Not forced to come Parties decide how to resolve dispute Mediators don’t impose decision Parties are free to leave Confidential Talk without worry about hearing it in court Mediator can’t be called to testify in court as a witness

The Benefits of Mediation Effective Chance to vent frustrations Avoids placing blame Focus on future relationship Creative solutions not usually available in court Agreement between parties, so more likely to make it work Enforceable If settlement reached and written as legally binding contract Must be written to be legally binding Free Through many community mediation programs

The Steps of Mediation Introduction Telling the story Identifying positions and underlying interests Identifying alternative solutions Revising and discussing solutions Reaching an agreement