1. GANZAN, NIEL CHRISTIAN
BSCRIM
I. DIFINITION OF TERMS
1. DISPUTES- REFERS TO AN ARGUMENT OR DISAGEEMENT BETWEEN TWO PARTIES.
2. DISPUTE RESOLUTION- REFERS TO ALL PROCESS THAT ARE USED TO ADRESS
DISPUTES MEETING ATLEAST SOME OF EACH SIFE
3. MEDIATION- IS A PROCESS OF SETTING DISPUTE WITH THE HELP OF A THIRD
NEUTRAL PARTY CALLED THE MEDIATOR.
4. ARBITRATION - IS MORE BINDING THAN MEDIATION, IT IS ALSO SETTLED BY JUDGE
OR PROFESSIONALS.
5. CONCILIATION - REFERS TO A WAY TO RESOLVE A LEGAL DISPUTES WITHOUT GOING
TO TRIAL
II. ENUMERATION
BASIC STEPS OF MEDIATION
1. A PRELIMENARY MEETING OR PHONE CALL
2. A JOINT MEETING WITH BOTH PARTIES.
3. SESSIONS WHERE THE MEDIATOR MEETS WITH EACH PARTY INDIVIDUALLY
4. AN EVALUATION BY THE MEDIATOR.
5. AN AGREEMENT THAT ENDS THE DISPUTE.
6 STAGES OF MEDIATION
1. MEDIATOR OPENING STATEMENT
2. DISPUTANT OPENING STATEMENT
3. JOINT DISCUSSION
4. PRIVATE CAUCUSES
5. JOINT NEGOTIATION
6. CLOSURE
2. SAMPLE MEDIATION SESSION
1. INTRODUCTION
2. TELLING THE STORY
3. IDENTIFYING FACTS, ISSUES, AND INTERESTS
4. IDENTIFYING ALTERNATIVE SOLUTIONS
5. REVISING AND DISCUSSING SOLUTIONS
6. REACHING AN AGREEMENT
THE PRINCIPAL CHARACTERISTICS OF MEDIATION
1. MEDIATION IS A NON-BINDING PROCEDURE CONTROLLED BY PARTIES
2. MEDIATION IS A CONFIDENTIAL PROCEDURE
3. MEDIATION IS AN INTEREST BASED PROCEDURE
4. MEDIATION ALLOWS FOR GREATER CONTROL
5. MEDIATION IS LESS EXPENSIVE THAN LITIGATION
6. MEDIATION OFFERS GREATER PRIVACY
7. MEDIATION CAN HELP PRESERVE RELATIONSHIP
MEDIATION PROCESS
1. PREPARATION
2. RECONSTRUCTING AND UNDERSTANDING CONFLICT
3. DEFINING POINTS AND AGREEMENTS ON DISPUTE
4. CREATING OPTIONS FOR AGREEMENTS
5. DEVELOPING AN AGREEMENT
SKILLS OF MEDIATORS NEED
1. ACTIVE LISTENING SKILLS
2. GESTURING AND CLARIFYING SKILLS
3. EMOTIONAL INTELLEGENCE
4. SUMMARIZING SKILLS
5. EMPATHY
