1. Bringing Mediation Home Lynn P. Cohn

2. Explaining Mediation  voluntary  a private process in which a neutral party helps people resolve disputes  getting two or more emotional people with a problem to talk with each other Mediation is:

3.  making decisions for disputants  free discovery for an inevitable arbitration Explaining Mediation Mediation is not:

4. Key Features of Mediation Process Parties decide to enter the mediation process Parties can leave the mediation process at any time Parties decide on the outcome of the dispute Explaining Mediation  Voluntary

5. only mediate matters in which she/he can remain impartial disclose conflicts of interests; following disclosure, may continue if parties agree honor the principle of self-determination Explaining Mediation  Neutral, impartial mediator shall: Key Features of Mediation Process

6. It is a confidential settlement process. Neither the mediator nor the parties shall disclose the communications/conduct of the mediation, unless all parties agree (with limited exceptions). Explaining Mediation  Confidential Key Features of Mediation Process

7.  Quick  Low cost  Flexible process  Maintains/improves relationships  Gets parties to come together/talk Explaining Mediation Why Mediation Works

8.  Improves poor communication/resolves misunderstanding  Discovers/addresses the true interests of parties  Moves beyond different views of law/fact  Allows creative solutions beyond win/lose  Disputes settle  Parties do not give up right to arbitrate Explaining Mediation Why Mediation Works

9.  Precedent desired  No relationship and cheaper to contest the claim  Vindication/punishment remains main objective  Jackpot syndrome (maximize/minimize recovery) Explaining Mediation When Mediation Will Not Work

10. Mediation Versus Arbitration  Mediation and arbitration are private  Mediation and arbitration both involve the assistance of a trained neutral  Mediation is cheaper than arbitration  Mediation is faster than arbitration  Mediation offers a wide range of solutions, unlike arbitration Explaining Mediation

11.  Mediation allows parties to control the outcome, unlike arbitration  Mediation may maintain/improve the relationship, unlike arbitration  Arbitration ensures certain closure, unlike mediation Explaining Mediation Mediation Versus Arbitration

12.  Explain the process at their level.  Find out what the concern is, and address it.  Explain options if case does not settle.  If available, offer data about success/satisfaction.  Give a hesitant party some (but not too much) time.  Let them decide. Selling Parties On Mediation

13. Establishing a Panel of Mediators  skill with mediation process  substantive knowledge  reputation for fairness Select mediators based on:

14. Key Components of a Mediator Training Program  Mediation demonstration  Simulations, simulations, simulations!  Communication skills  Negotiation skills  Mediation strategies Establishing a Panel of Mediators

15.  Ethical concerns  Feedback  Procuring cause  Opportunities to refresh skills over time Key Components of a Mediator Training Program

16. Establishing a Panel of Mediators Alternatives to Setting Up Own Training  Send students to general mediation skills training  Connect to mediation panels for court programs

17.  Model  Training manual  Forms  Disk Materials

18.  Quality control surveys  Database  Report to NAR Data Collection