Mediation Presentation
Upcoming SlideShare
Loading in...5
×
 

Mediation Presentation

on

  • 2,790 views

 

Statistics

Views

Total Views
2,790
Views on SlideShare
2,790
Embed Views
0

Actions

Likes
0
Downloads
51
Comments
1

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel

11 of 1

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • 09/03/10

Mediation Presentation Mediation Presentation Presentation Transcript

  • MEDIATION ‘ Mediation is a process that, together with a number of other processes, is collectively known as alternative dispute resolution’
  • MEDIATION - A DEFINITION
    • ‘ Mediation is a voluntary, non-binding, private dispute resolution process, in which a neutral person helps the parties to reach their own negotiated settlement’
  • BENEFITS OF MEDIATION
    • Informal
    • Quick
    • Flexible
    • Cost Effective
    • Confidential
    • Preserves Relationships
    • Control Remains With Parties
    • Allows For Creative Solutions
    • High Success Rate of 80%
  • WHEN TO USE MEDIATION
    • Parties & Lawyers Committed To Process
    • Ongoing Relationship Important
    • Privacy Important
    • Time Pressure To Settle
  • MEDIATOR’S ROLE
    • Serves As A Neutral Facilitator
    • Summarizes, Restates And Prioritizes Issues In A Non-Judgmental Manner
    • Assists In The Generation Or Clarification Of Options
    • Evaluates Options And Possible Consequences
    • Enforces The Ground Rules
    • Identifies Areas Of Mutual Interest
  • FACILITATIVE MEDIATION MODEL
    • Preparatory Phase
    • Introductory Phase
    • Understanding Phase
    • Negotiation Phase
    • Agreement Phase
    • Concluding Phase
  • A TYPICAL MEDIATION SESSION
    • Mediator’s Opening Statement
    • Each Party Makes An Opening Statement
    • Mediator Summarizes Each In Turn
    • Mediator Identifies Common Ground
    • Mediator Identifies/Formulates Issues & Sets Agenda
  • MEDIATION SESSION (Cont. 1)
    • Mediator Explores Issues In Joint Session or Caucus To Understand Underlying needs And Interests
    • In Joint Session Or Caucus, Mediator Assists In Option Generation & Reality Checks
    • Mediator Maintains Momentum & Overcomes Impasses
  • MEDIATION SESSION (Cont.2)
    • Mediator Assists Parties To Reach Agreement & Reality Checks Proposed Settlement
    • Mediator Drafts Legally Binding Agreement & Concludes Session
  • MEDIATOR- POST MEDIATION
    • May File Any Necessary Paper Work With Court
    • Monitor Implementation Of Terms Of Settlement
    • Release Documents Or Funds Held Pending Settlement
  • FINALLY - A LESSON FROM HISTORY
    • ‘ Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser…in fees, expenses and waste of time.’
    • Abraham Lincoln