Chapter 4 Alternative Dispute Resolution September 19th 2014 4 2 Mediation Learning Objectives Learn what mediation is Explore the process of mediation as an alternative dispute resolution ADR strategy Identify disputes suitable to mediation as a form of ADR Become familiar with the benefits and drawbacks of mediation as a form of ADR Mediation Mediator Parties work to a form a mutually acceptable agreement Parties in mediation do not vest authority to decide the dispute in a neutral third party o Authority remains with the parties themselves who are free to terminate mediation if they believe it is not working Appropriate only for parties who are willing to participate in the process Third party is involved in mediation Person who facilitates a mediation to achieve an acceptable voluntary agreement between parties Known more about the various requirements qualifications to become a mediator in different states see website Choice of Mediator Disputants choose their mediator based on o Reputation as a skilled conflict resolution expert o Professional background o Training o Experience o Cost o Availability Mediation Agreement Prior to the mediation process the mediator asks the parties to sign a mediation agreement At the outset the mediator explains the process that the mediation with observe o Opening statements face to face communications or indirect communication through the mediator o Mediator suggests options for resolution and alternatives not previously considered by the disputants Need for Mediation It is an option for parties who cannot negotiable with each other but who could reach a mutually acceptable resolution with the assistance of a neutral party o If parties retain counsel their costs for participating in the mediation will increase Used in disputes between o Employers and Employees o Businesses o Businesses and consumers Benefits and Drawbacks
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