Pennsylvania Council of Mediators Resolving Disputes Through Mediation © PA Council of Mediators – www.pamediation.org.

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Presentation transcript:

Pennsylvania Council of Mediators Resolving Disputes Through Mediation © PA Council of Mediators –

Pennsylvania Council of Mediators The Pennsylvania Council of Mediators (PCM) brings together individuals from across the state who share a common interest in mediation as an alternative form of dispute resolution. PCM’s goals are to promote mediation through advocacy and education, develop state-wide policies favorable to mediation, and function as a network for information and skills sharing. © PA Council of Mediators –

Mediation Are you having a disagreement with: your neighbor, a family member, your landlord, a local business? These and other conflicts can often be resolved through mediation. It’s easy to arrange and confidential. Best of all, you retain the power to make decisions and develop an agreement. © PA Council of Mediators –

What is mediation? Mediation brings disputing parties together to explore their understanding of the conflict and empowers them to decide on a resolution. Mediators believe the parties themselves are best able to define the issues and generate options that lead to a solution responsive to their own needs. © PA Council of Mediators –

What is mediation? Mediation differs from other dispute resolution processes, such as arbitration and litigation, in that the parties themselves make their own decisions and craft their own agreement. © PA Council of Mediators –

What does a mediator do? The mediator is an impartial facilitator of the conversation, helping the parties listen and talk with each other, consider each other’s perspective and make voluntary, informed decisions. The mediator does not offer solutions, but supports the parties in having a constructive conversation to deal with their issues. © PA Council of Mediators –

Where mediation helps Mediation is effective and useful in many situation, including, but not limited to: Commercial disputes Issues with a neighbor Employment disputes Child custody Landlord/tenant issues Care arrangements for an elderly relative © PA Council of Mediators –

Where mediation helps Mediation is also useful in situations involving: Discrimination Commercial and residential contracts Public education Divorce Property boundaries Mediation can be effective as an alternative to litigation. As an added bonus, it can be particularly helpful when parties are involved in an on-going relationship and will need to interact in the future. © PA Council of Mediators –

What to expect in a mediation Any party can request a mediation, or a court may order parties to mediate. The parties may select a mediator, or the court may appoint a mediator. The mediator will contact the other parties, explain the mediation process and invite them to participate in the mediation. Participation in the mediation session is voluntary and anyone may end their participation at any point if they feel continuing would not be useful. © PA Council of Mediators –

What to expect in a mediation At the mediation, the mediator will explain the process and invite the parties to present their views. The mediator and parties may develop ground rules to guide their discussions. All discussions with the mediator before and during the mediation are confidential, except for specific exemptions under PA law and professional ethical standards. © PA Council of Mediators –

What to expect in a mediation During the mediation participants may request a separate meeting with the mediator. Discussions during these separate meeting are confidential, unless the party wishes to bring information back to the table. By summarizing and highlighting issues, mediators frequently help parties prioritize the importance of issues and decide where to direct energy for resolution. © PA Council of Mediators –

What to expect in a mediation Measuring the success of mediation can be difficult. Often participants come away feeling that mediation met their needs simply by allowing the opportunity to air issues, be heard, and learn more about the other party’s perspective. In many cases, participants decide that they want to formalize an agreement. The mediator helps parties write their agreement in their own words. © PA Council of Mediators –

Selecting a mediator Although Pennsylvania does not license mediators, there are many practicing mediators who meet qualifications established by local and national organizations and programs. It is best to interview several mediators who work with the type of dispute you are seeking to resolve. © PA Council of Mediators –

Cost of a typical mediation Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Solving conflicts with mediation often take less time and cost less money than litigation. Mediators come from a variety of professions, such as: law, social work, human resources, psychology, education, business and the ministry. © PA Council of Mediators –

Cost of a typical mediation Hourly rates for mediators differ and usually reflect years of training and experience. Community mediation centers may request a small donation, use on a sliding scale, or charge fees comparable to private mediators. Be sure to ask about the fee when you interview prospective mediators. © PA Council of Mediators –