1. Introduction to Mediation

2. Alternative Dispute Resolution
Negotiation
Arbitration
Mediation
Why?

3. 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.

4. 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

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

6. 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

7. 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

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