   A mediator?   A spouse?   A lawyer?   A doctor?   An accountant?                        It all depends most of    ...
1. Who is an experienced   facilitator.2. With whom you are   comfortable and that   you feel will maintain   the trust an...
4. Who has demonstrable   strengths that are the   “right fit” for   resolution of your   dispute.5. Who is intelligent.6....
4. Be    honest,    open,     not   interrupt the other party.5. Send someone to the   mediation who has the   authority  ...
   How long depends on many factors including    the type of mediation, and positions of the    parties. The time can ran...
1. The parties agree to mediate.2. A mediator, time, place, and location are   selected.3. The parties meet and the mediat...
4.   Party “A” makes an opening statement about     the issues as Party “A” sees them, the position     of Party “A” on th...
6. Using neutral language, the mediator attempts   to summarize the statements of the parties.7. The mediator next attempt...
8. As explained by the mediator in step #3   above, the mediator may ask the parties to go   to separate rooms where the m...
9.    Options are explored and solutions are offered, either      in the separate caucus or in session where both parties ...
Upcoming SlideShare
Loading in …5
×

November 2011 part ii some further thoughts about mediation-what should you look for in a mediator

295 views

Published on

Published in: Business, News & Politics
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
295
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
4
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

November 2011 part ii some further thoughts about mediation-what should you look for in a mediator

  1. 1.  A mediator? A spouse? A lawyer? A doctor? An accountant? It all depends most of all on what is A place of worship? important to you.. A school? A neighborhood? Ronald W. Brown, Esq. 1
  2. 2. 1. Who is an experienced facilitator.2. With whom you are comfortable and that you feel will maintain the trust and confidentiality of the mediation process.3. Who listens well. Ronald W. Brown, Esq. 2
  3. 3. 4. Who has demonstrable strengths that are the “right fit” for resolution of your dispute.5. Who is intelligent.6. Who is insightful. Ronald W. Brown, Esq. 3
  4. 4. 4. Be honest, open, not interrupt the other party.5. Send someone to the mediation who has the authority to reach a settlement or who is able to reach someone by phone who has that authority. Ronald W. Brown, Esq. 4
  5. 5.  How long depends on many factors including the type of mediation, and positions of the parties. The time can range from hours, to days, or longer. Costs can range from an hourly rate to a flat fee per day. Ronald W. Brown, Esq. 5
  6. 6. 1. The parties agree to mediate.2. A mediator, time, place, and location are selected.3. The parties meet and the mediator explains the process (including confidentiality; nothing in mediation can be used outside mediation, etc.) and insures the parties understand that process and agree to it. The process may include separate caucusing with each party. Ronald W. Brown, Esq. 6
  7. 7. 4. Party “A” makes an opening statement about the issues as Party “A” sees them, the position of Party “A” on those issues, and solutions Party “A” would accept.5. Party “B” makes an opening statement about the issues as Party “B” sees them, the position of Party “B” on those issues, and solutions Party “B” would accept. Ronald W. Brown, Esq. 7
  8. 8. 6. Using neutral language, the mediator attempts to summarize the statements of the parties.7. The mediator next attempts to prepare a topic agenda of issues so that the parties can try to start talking about issues and options. The mediator reminds the parties to try to focus on interests and options, both “within” and “outside” the box of the parties positions. Ronald W. Brown, Esq. 8
  9. 9. 8. As explained by the mediator in step #3 above, the mediator may ask the parties to go to separate rooms where the mediator will meet with one party and then go to the other room to meet with the other party. In caucus a party may discuss with the mediator something the party is not prepared to discuss in the joint meeting and may authorize the mediator to air a proposal to the other party on behalf of the authorizing party. The mediator may also suggest solutions in caucus. Ronald W. Brown, Esq. 9
  10. 10. 9. Options are explored and solutions are offered, either in the separate caucus or in session where both parties and the mediator are in the same room.10. If the parties agree on a solution, that solution is memorialized in a writing signed by the parties. Ronald W. Brown, Esq. 10

×