Mediation Defining Mediation Mediation is the act of bringing disputants together with a neutral third person who assists them in reaching a voluntary agreement that satisfies both parties. The people work together to seek a realistic, mutually beneficial solution to the issues. They may engage in mediation voluntarily or may be ordered to participate by the courts. In either case, the neutral mediator facilitates the process and never imposes a solution. What Types of Cases Might Be Mediated? Custody or visitation cases Conflicts between neighbors Landlord/tenant disputes Customer/store owner disputes Disagreements over insurance settlements Disputes between business partners Community land use, zoning, environmental conflicts Construction disputes Supervisor/employee disputes Conflicts between adult siblings or other family members School truancy, playground disputes Victim/offender incidents, such as those involving juveniles, graffiti, vandalism Stages of Mediation Intake Interview Is the case appropriate? Explain the process of beginning a mediation. How the mediator introduces him/herself Mediator is neutral. Mediation is usually confidential and reaching agreement is voluntary. Identifying the Issues Opening statements. Clarify key issues and goals. Areas of common interest. Points of disagreement. Crosstalk or Exploring Solutions Direct dialogue between the parties. Generate opinions. Caucus Optional private meetings Writing an Agreement Specific details Plain language Future decision making Confidentiality Compliance Participants in mediation report higher satisfaction rates and greater compliance with the settlement than litigants. One study of small claims mediation in Maine district courts found that 73% of defendants in mediation felt they had a legal obligation to pay the settlement, while only 31% of the defendants in cases tried in court felt the same obligation. The results were that over two-thirds of the mediated settlements were paid in full, while only one-third of the court settlements were paid. When Going to Court Is Necessary The presenter should explain that not all conflicts lend themselves to mediation. Perhaps mediation has been suggested, but one of the parties refuses to cooperate. Even if mediation has worked before, a mediated agreement may be harder to reach in cases where the original circumstances have changed dramatically, such as a shared custody arrangement jeopardized by one parent remarrying or moving to another state. It may also be necessary to go to court with custody cases involving abuse or kidnapping charges. Stress that mediation and having one's own legal advisor are not mutually exclusive and any written mediation agreement should be reviewed by a lawyer. Should the laws provide for "equality of opportunity" or equality in such quality of life measures as education, income, medical care, etc.? What Are the Advantages of Going to Court? What Are the Disadvantages of Going to Court?   Uniform, binding decisions   Decisions are unpredictable A person can be forced to come to court Courts have a limited range of remedies Formal investigation process Process can increase the conflict Judgments may be more enforceable Direct communication is reduced Establishment of judicial precedent Cost of litigation drains family resources Most cases don't go to trial; the attorneys usually negotiate a settlement. What Resources Are Available in Our Community? Check to see which of the following resources are for your audience: Public mediation agencies Private mediators Mediators available through the courts Church- or school-related programs Resources for training in mediation Volunteer opportunities for mediators Speech Ideas/Talking Points Home | Tips on Volunteering Home