1. Alternative Dispute Resolution
Mediation

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

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

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

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

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

7. A Typical Day In Mediation
Describes how the process works
Explains the mediator’s role
Helps establish ground rules
Develop agenda
Parties tell their stories
Some mediators conduct entire process in joint session
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
Most mediations start with the parties together in a joint session with a mediator who:

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

10. What Happens If There Is An Agreement?
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

11. What Happens If There Is An Agreement? (Cont.)
This does not prevent parties from making agreement confidential and most courts have a way to hold a confidential hearing if necessary
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

12. Thank You