Basic Mediation
Compiled and Narrated* by:
Veronica “Niki” Hannevig, MS (CRC Retired)
Professional Experience with Groups, Conflict Resolution, and
Mediation.
* The narrated version of this presentation is available by logging in for
Integrity Training - Expediting Cohesion at Sherman Institute.
Transitional
Hybrids
Avoidance
NegotiationViolence
(Self Defense)
Arbitration
MediationLitigation
Proverbs 4:14-15
Do not enter the path of the wrong, And do not walk in the way of evil-doers.
Avoid it, do not pass by it; Turn away from it and pass on.
Webster’s 1828 Dictionary Definition
Avoidance - AVOID'ANCE, n.
1. The act of avoiding, or shunning.
2. The act of vacating, or the state of being vacant. It is appropriately used
for the state of a benefice becoming void, by the death, deprivation, or
resignation of the incumbent.
3. The act of annulling.
4. The course by which any thing is carried off.
Reconciliation
RECONCILIA'TION, n. [L. reconciliatio.]
1. The act of reconciling parties at variance;
renewal of friendship after disagreement or enmity.
Reconciliation and friendship with God, really form the basis of all rational and true enjoyment.
2. In Scripture, the means by which sinners are reconciled and brought into a
state of favor with God, after natural estrangement or enmity; the atonement;
expiation.
Seventy weeks are determined upon thy people and upon thy holy city, to finish the
transgression and to make an end of sin, and to make reconciliation for iniquity. Dan 9. Heb 2.
3. Agreement of things seemingly opposite, different or inconsistent.
Matthew 18:16
“But if he does not hear, take with you one or two more, that „by the mouth of
two or three witnesses every word might be established.‟
Webster’s 1828 Dictionary Definition
Mediation - MEDIA'TION, n. [L. medius, middle.]
1. Interposition; intervention; agency between parties at variance, with a view
to reconcile them. The contentions of individuals and families are often
terminated by the mediation of friends. The controversies of nations are
sometimes adjusted by mediation. The reconciliation of sinners to God by
the mediation of Christ, is a glorious display of divine benevolence.
2. Agency interposed; intervenient power.
The soul, during its residence in the body, does all things by the
mediation of the passions.
3. Intercession; entreaty for another.
Mediate - ME'DIATE, a. [L. medius, middle.]
Middle; being between the two extremes.
Anxious we hover in a mediate state.
1. Interposed; intervening; being between two objects.
Soon the mediate clouds shall be dispelled.
2. Acting by means, or by an intervening cause or instrument.
Thus we speak of mediate and immediate cause of its
motion; the oar with which a man rows a boat is the
immediate cause of its motion; but the rower is the mediate
cause, acting by means of the oar.
ME'DIATE, v.i. To interpose between parties, as the equal
friend of each; to act indifferently between contending
parties, with a view to reconciliation; to intercede. The
prince that mediates between nations and prevents a war, is
the benefactor of both parties.
1. To be between two. [Little used.]
ME'DIATE, v.t. To effect by mediation or interposition
between parties; as, to mediate a peace.
1. To limit by something in the middle. [Not used.]
Arbitrate - 'ARBITRATE, v.i.
[L. arbitror.]
To contest in law; to prosecute or
defend by pleadings, exhibition of
evidence, and judicial debate; as, to
litigate a cause or a question.
LIT'IGATE, v.i. To dispute in law; to
carry on a suit by judicial process.
To hear and decide, as arbitrators;
as, to choose men to arbitrate between
us.
'ARBITRATE, v.t. to decide; to
determine; to judge of.
Litigate - LIT'IGATE, v.t. [L.
litigo, from lis, litis, a contest or
debate.]
Mediator - MEDIA'TOR, n.
1. A person appointed, or chosen by
parties in controversy, to decide
their differences. This is its sense in
the civil law. In modern usage,
arbitrator is the technical word.
2. In a general sense, now (in 1828)
most common, a person who has
the power of judging and
determining, without control; one
whose power of deciding and
governing is not limited.
3. One that commands the destiny, or
holds the empire of a nation or state.
Arbiter - 'ARBITER, n. [L.]
One that interposes between parties
at variance for the purpose of
reconciling them.
1. By way of eminence, Christ is the
mediator, the divine intercessor
through whom sinners may be
reconciled to an offended God.
1Tim.2.
Christ is a mediator by nature, as
partaking of both natures divine and
human; and mediator by office, as
transacting matters between God and
man.
Unlike adversarial forms of litigation, mediators
use a variety of voluntary techniques to resolve
disputes. These techniques may include:
Facilitation
Fact Finding
Settlement Conferences
Mini Trials
The basic principles of mediation
are consistent with organic systems
and “Contract Law” and are outlined
in Mat. 18:15-20.
“ . . . (I)f your brother sins against you, go and (1)reprove
him, between you and him alone. If he hears you, you have gained your
brother. But if he does not hear, (2)take with you one or two more, that
„by the mouth of two or three witnesses every word might be
established.‟ And if he refuses to hear them, say it to the assembly. . . .
Truly, I say to you, whatever you bind1 on earth shall be having been
bound1 in heaven, and whatever you loosen1 on earth shall be having
been loosened1 in heaven. Footnote: 1Binding and loosening is Heḇrew
idiom for exercising authority (to prohibit and permit).
Again I say to you that if two of you agree on earth concerning
any matter that they ask, it shall be done for them by My Father in the
heavens. For where two or three are gathered together in My Name, there
I am in their midst.”
The request for mediation. A formal request is
made to a trusted mediator and co-mediator to
assist in resolving the dispute. The mediator will
offer his or her service and, upon acceptance, a
date and time will be scheduled to hear the matter.
The pre-complaint. A one-on-one good faith
oral or written attempt to resolve the dispute.
Voluntary – Neutral – Confidential - Enforceable
Mediation is a process in which an impartial
third party assists disputants in finding a
mutually acceptable solution to their dispute.
Mediation is both voluntary and confidential.
Mediators are a Facilitator of Process
Mediators are Neutral
Mediators have No stake in outcome
Mediators have No position on issues
- There is a desire to avoid
adverse precedent or
consequences.
- There is no need to establish
precedent or demand
consequences.
- There is a need to avoid
publicity and maintain
confidentiality and/or privacy.
- There is a desire for speedy
resolution and need to avoid
delay.
- There is a desire, or need, to
preserve a continuing
relationship.
- There’s a recognition that
emotions or hostilities may bar
a settlement.
- There’s a desire to minimize the
risk of an imposed outcome.
- There is a desire, and need, to
reduce the high cost of
litigation.
- The outcome of mediation may
enhance resolution of an
existing collateral issue.
From Strong’s Hebrew Dictionary - H995:
bı̂yn
bene
A primitive root; to separate mentally (or distinguish), that
is, (generally) understand: - attend, consider, be
cunning, diligently, direct, discern, eloquent, feel, inform, instr
uct, have intelligence, know, look well to, mark, perceive, be
prudent, regard, (can) skill (-ful), teach, think, (cause, make
to, get, give, have) understand (-ing), view, (deal) wise (-
ly, man). If you have reason to believe you possess these attributes,
go on to the “Skills Building” presentation.

Alternative dispute resolution - basic mediation

  • 1.
    Basic Mediation Compiled andNarrated* by: Veronica “Niki” Hannevig, MS (CRC Retired) Professional Experience with Groups, Conflict Resolution, and Mediation. * The narrated version of this presentation is available by logging in for Integrity Training - Expediting Cohesion at Sherman Institute.
  • 2.
  • 3.
    Proverbs 4:14-15 Do notenter the path of the wrong, And do not walk in the way of evil-doers. Avoid it, do not pass by it; Turn away from it and pass on. Webster’s 1828 Dictionary Definition Avoidance - AVOID'ANCE, n. 1. The act of avoiding, or shunning. 2. The act of vacating, or the state of being vacant. It is appropriately used for the state of a benefice becoming void, by the death, deprivation, or resignation of the incumbent. 3. The act of annulling. 4. The course by which any thing is carried off.
  • 4.
    Reconciliation RECONCILIA'TION, n. [L.reconciliatio.] 1. The act of reconciling parties at variance; renewal of friendship after disagreement or enmity. Reconciliation and friendship with God, really form the basis of all rational and true enjoyment. 2. In Scripture, the means by which sinners are reconciled and brought into a state of favor with God, after natural estrangement or enmity; the atonement; expiation. Seventy weeks are determined upon thy people and upon thy holy city, to finish the transgression and to make an end of sin, and to make reconciliation for iniquity. Dan 9. Heb 2. 3. Agreement of things seemingly opposite, different or inconsistent.
  • 5.
    Matthew 18:16 “But ifhe does not hear, take with you one or two more, that „by the mouth of two or three witnesses every word might be established.‟ Webster’s 1828 Dictionary Definition Mediation - MEDIA'TION, n. [L. medius, middle.] 1. Interposition; intervention; agency between parties at variance, with a view to reconcile them. The contentions of individuals and families are often terminated by the mediation of friends. The controversies of nations are sometimes adjusted by mediation. The reconciliation of sinners to God by the mediation of Christ, is a glorious display of divine benevolence. 2. Agency interposed; intervenient power. The soul, during its residence in the body, does all things by the mediation of the passions. 3. Intercession; entreaty for another.
  • 6.
    Mediate - ME'DIATE,a. [L. medius, middle.] Middle; being between the two extremes. Anxious we hover in a mediate state. 1. Interposed; intervening; being between two objects. Soon the mediate clouds shall be dispelled. 2. Acting by means, or by an intervening cause or instrument. Thus we speak of mediate and immediate cause of its motion; the oar with which a man rows a boat is the immediate cause of its motion; but the rower is the mediate cause, acting by means of the oar. ME'DIATE, v.i. To interpose between parties, as the equal friend of each; to act indifferently between contending parties, with a view to reconciliation; to intercede. The prince that mediates between nations and prevents a war, is the benefactor of both parties. 1. To be between two. [Little used.] ME'DIATE, v.t. To effect by mediation or interposition between parties; as, to mediate a peace. 1. To limit by something in the middle. [Not used.] Arbitrate - 'ARBITRATE, v.i. [L. arbitror.] To contest in law; to prosecute or defend by pleadings, exhibition of evidence, and judicial debate; as, to litigate a cause or a question. LIT'IGATE, v.i. To dispute in law; to carry on a suit by judicial process. To hear and decide, as arbitrators; as, to choose men to arbitrate between us. 'ARBITRATE, v.t. to decide; to determine; to judge of. Litigate - LIT'IGATE, v.t. [L. litigo, from lis, litis, a contest or debate.]
  • 7.
    Mediator - MEDIA'TOR,n. 1. A person appointed, or chosen by parties in controversy, to decide their differences. This is its sense in the civil law. In modern usage, arbitrator is the technical word. 2. In a general sense, now (in 1828) most common, a person who has the power of judging and determining, without control; one whose power of deciding and governing is not limited. 3. One that commands the destiny, or holds the empire of a nation or state. Arbiter - 'ARBITER, n. [L.] One that interposes between parties at variance for the purpose of reconciling them. 1. By way of eminence, Christ is the mediator, the divine intercessor through whom sinners may be reconciled to an offended God. 1Tim.2. Christ is a mediator by nature, as partaking of both natures divine and human; and mediator by office, as transacting matters between God and man.
  • 8.
    Unlike adversarial formsof litigation, mediators use a variety of voluntary techniques to resolve disputes. These techniques may include: Facilitation Fact Finding Settlement Conferences Mini Trials
  • 9.
    The basic principlesof mediation are consistent with organic systems and “Contract Law” and are outlined in Mat. 18:15-20. “ . . . (I)f your brother sins against you, go and (1)reprove him, between you and him alone. If he hears you, you have gained your brother. But if he does not hear, (2)take with you one or two more, that „by the mouth of two or three witnesses every word might be established.‟ And if he refuses to hear them, say it to the assembly. . . . Truly, I say to you, whatever you bind1 on earth shall be having been bound1 in heaven, and whatever you loosen1 on earth shall be having been loosened1 in heaven. Footnote: 1Binding and loosening is Heḇrew idiom for exercising authority (to prohibit and permit). Again I say to you that if two of you agree on earth concerning any matter that they ask, it shall be done for them by My Father in the heavens. For where two or three are gathered together in My Name, there I am in their midst.”
  • 10.
    The request formediation. A formal request is made to a trusted mediator and co-mediator to assist in resolving the dispute. The mediator will offer his or her service and, upon acceptance, a date and time will be scheduled to hear the matter. The pre-complaint. A one-on-one good faith oral or written attempt to resolve the dispute.
  • 11.
    Voluntary – Neutral– Confidential - Enforceable
  • 12.
    Mediation is aprocess in which an impartial third party assists disputants in finding a mutually acceptable solution to their dispute. Mediation is both voluntary and confidential. Mediators are a Facilitator of Process Mediators are Neutral Mediators have No stake in outcome Mediators have No position on issues
  • 13.
    - There isa desire to avoid adverse precedent or consequences. - There is no need to establish precedent or demand consequences. - There is a need to avoid publicity and maintain confidentiality and/or privacy. - There is a desire for speedy resolution and need to avoid delay. - There is a desire, or need, to preserve a continuing relationship. - There’s a recognition that emotions or hostilities may bar a settlement. - There’s a desire to minimize the risk of an imposed outcome. - There is a desire, and need, to reduce the high cost of litigation. - The outcome of mediation may enhance resolution of an existing collateral issue.
  • 14.
    From Strong’s HebrewDictionary - H995: bı̂yn bene A primitive root; to separate mentally (or distinguish), that is, (generally) understand: - attend, consider, be cunning, diligently, direct, discern, eloquent, feel, inform, instr uct, have intelligence, know, look well to, mark, perceive, be prudent, regard, (can) skill (-ful), teach, think, (cause, make to, get, give, have) understand (-ing), view, (deal) wise (- ly, man). If you have reason to believe you possess these attributes, go on to the “Skills Building” presentation.