Mediation
-
What is mediation? Answer
-
What types of disputes can be resolved through mediation? Answer
-
What Are the Different Types of Dispute Resolution Processes? Answer
-
What are the benefits of mediation? Answer
-
How is a mediation case started? Answer
-
What takes place at the mediation session? Answer
-
What if the case doesn't settle? Answer
-
How much will mediation cost? Answer
-
How is mediation different from arbitration and settlement conferences? Answer
-
What cases should be sent to mediation? Answer
-
Who should receive notice that a mediation has been requested, or will be
occurring? Answer
-
Is existenceof mediation confidential? Answer
-
What information about existence of mediation should be provided
and to whom? Answer
-
Who should receive a copy of the mediation agreement? Answer
-
Who uses mediators? Answer
-
What is a mediator? Answer
-
How does the mediator resolve the issues? Answer
-
Can I be forced to mediate against my wishes? Answer
-
But we would have settled it without a mediator if we could have! What difference would a mediator make? Answer
-
What if we don't agree? Answer
-
What is the settlement rate for mediation? Answer
-
Who refers issues to mediation? Answer
-
What is a mediated settlement conference? Answer
-
How do I know if my mediator is competent? Answer
-
How much does mediation cost? Answer
-
How much does mediation save? Answer
-
Are there other advantages to mediation? Answer
-
What problems are right for mediation? Answer
-
What problems are not right for mediation? Answer
-
How do I start a mediation? Answer
-
What do mediators do? Answer
-
Are mediators lawyers? Answer
-
What qualifications do mediators have? Answer
-
Do mediators tell us how to solve the problem? Answer
-
What happens during a mediation session? Answer
-
How long does mediation take? Answer
-
Can I bring other people with me to the mediation session(s)? Answer
-
Can I talk to a mediator in private during the mediation? Answer
-
Are mediations confidential? Answer
-
Can a mediator be called to testify in court? Answer
-
Can information shared during mediation be used in court? Answer
-
What does "alternative dispute resolution" mean? Answer
-
How is arbitration different from mediation? Answer
-
Can you help me if I want to solve a dispute, but the other person and I can't even be in the same room together? Answer
-
What happens if we don't come to a decision? Answer
-
What is mediation and what is the role of the mediator? Answer
-
Is mediation confidential? Answer
-
Who are the mediators? Answer
-
Will I be required to participate in mediation? Answer
-
Why should I participate in mediation? Answer
-
Where will my mediation be held? Answer
-
Should I bring a lawyer with me? Answer
-
What can I do to be successful in mediation? Answer
-
What happens if we reach an agreement in mediation? Answer
-
What if we can’t reach an agreement in mediation? Answer
-
What if I think my mediator has acted inappropriately or unethically? Answer
-
What if I need a mediator in the future? Answer
-
Where can I get more information? Answer
-
http://www.qureshiuniversity.com/disputeresolution.html
|
Arbitration
What is arbitration in a nutshell?
How do I know if my case is an arbitration case?
Can I opt out of arbitration?
Why must I go through the arbitration process?
Where can I find copies of the rules regarding Arbitration?
Who serves as arbitrators?
How are the arbitrators selected for any given panel?
How are arbitrators paid?
How does arbitration work?
What if the parties settle the matter within 24 hours of the Arbitration Hearing time?
Who is the Arbitration Assistant?
Must I accept the decision of the Arbitration Panel?
|
Discovery
Q) What is a discovery? Can you define it?
Q) Can discovery be maliciously engineered?
Q) What is a malicious discovery?
Q) What needs to be done to rule out maliciously engineered discovery?
Q) Who else was involved in the sabotage and conspiracies?
Q) Who among the regulators were involved?
Q) Who among the medical doctors were involved?
Q) Who among the psychologists and social workers were involved?
Q) What airlines were involved?
Q) What ground transportations were involved?
Q) What places were involved?
Q) Who among the regulators were involved in tampering with the documents to enhance the harm?
Q) In addition to the names mentioned, what other businesses were involved in these harmful activities?
Q) In addition to the names mentioned, what other people were involved in these harmful activities?
Q) What punishments do they deserve?
|
What is mediation?
During the last 15 years, mediation has grown into one of the most popular alternatives for resolving civil disputes in the United States. Many lawyers, insurance companies, risk managers and legal departments now use mediation on a day-to-day basis to help resolve claims and litigation as quickly and efficiently as possible. Across the country, United States Arbitration & Mediation (USA&M), through its local offices, successfully mediates many thousands of disputes each year in a wide variety of legal areas.
At a mediation session, the disputing parties meet with an impartial person, the mediator, to attempt to reach a mutually acceptable settlement. There are no formal court procedures or rules of evidence, although careful pre-mediation preparation and organization are crucial to a successful mediation outcome. Unlike a judge or arbitrator, the mediator has no authority to render a decision or force the parties to accept a settlement. Yet in the great majority of cases, the training and ability of a professional mediator can help achieve a final settlement of the matter which would not otherwise be possible.
What types of disputes can be resolved through mediation?
All kinds. Mediation has been successfully used for tort claims, commercial and business disputes, construction issues, employee grievances, environmental claims, professional malpractice allegations, product liability claims, maritime issues, insurance coverage disputes, real estate interpretations, partnership dissolutions, securities-related disputes, domestic relations matters, and workers' compensation claims.
It makes no difference whether liability is admitted or hotly contested, whether the case is in litigation or not yet filed, or whether the dispute involves a few thousand dollars or many millions of dollars or issues other than money--mediation has proven effective in all of these situations.
What are the benefits of mediation?
Settle disputes now. Almost every case will settle prior to trial. So the real issue is not if a case will settle, but when. A mediation session has the effect of getting settlement negotiations focused much more quickly than if the case proceeds to trial. Proposing mediation is an excellent way to get settlement discussions moving in the right direction and away from court.
Save money. An early settlement naturally saves litigation expenses and other costs related to managing the dispute.
Maintain control. Mediation differs from arbitration or trial because the mediator does not make a decision or force any party to accept a settlement. When you agree to mediate a dispute, you are only agreeing to attend the mediation session and participate in a good faith effort to settle the matter. Consequently, you are always in full control of the outcome.
Improve everyone's understanding. The mediation session is designed to educate everyone about the legal and factual issues involved in the dispute, and this can be particularly helpful to people who are unfamiliar with the litigation or claims process. For example, many attorneys have told us that their clients would not have accepted a reasonable settlement offer had they not attended a mediation session.
Informally explore settlement options. Because of the confidential nature of private meetings, often referred to as 'caucuses,' the mediator can explore settlement options without exposing your final position. This can remove the "posturing" that takes place during traditional negotiations.
Organize multiple party negotiations. The mediator can play a major role in simply organizing the discussions. The mediator can work closely, and confidentially, with each side to explore settlement possibilities and put a settlement package together.
Preserve continuing relationships. Mediation is particularly appropriate in situations in which the disputing parties will be working together after the dispute is resolved. Some examples include construction projects, commercial leases, partnerships, business suppliers, and employment relationships. Mediation allows the parties to stay on the best terms possible by doing everything they can to settle their dispute as quickly and easily as possible.
How is a mediation case started?
Typically, one party to a dispute will contact the nearest USA&M office to initiate mediation scheduling efforts or propose mediation to the other parties. Because mediation is such a sensible process, USA&M administrators are usually successful at convincing everyone to participate. Under the USA&M Fee Schedule (which varies by office), there is generally no administrative fee charged if a necessary party declines to participate in mediation.
Mediations are conducted in accordance with uniform USA&M Mediation Procedures.
What takes place at the mediation session?
All parties to a dispute will be present at the mediation session. For example, participants in a typical personal injury case usually include the plaintiff and the plaintiff's counsel, an insurance company representative, possibly a defense attorney, and the mediator. In a commercial case, the owners and/or managers would attend, along with their attorneys.
All parties, representatives and the mediator first meet in a joint meeting format. After introductory remarks by the mediator and the signing of the Agreement to Mediate (if not already signed earlier), each party is given the opportunity to explain its position in the presence of the other participants. These short and informal opening statements, typically no more than ten to twenty minutes long, are a starting point for the mediator to gain an understanding of the case.
After the joint session, the mediator will meet with each side individually. These separate meetings, called caucuses, are confidential. In each caucus, the mediator will discuss the risks of the case -- best and worst outcomes, quality of evidence and the costs of litigation. The mediator will also explore possible settlements. It is common for the mediator to go back and forth between the parties for a number of private meetings, just as the mediator may bring the parties back together for joint discussions. If the mediation results in a settlement, the parties may choose to draft a formal settlement agreement.
What if the case doesn't settle?
Most cases will settle at the mediation session or shortly thereafter. If a settlement is not reached at the mediation session, the mediator may continue the discussions by telephone, and in some cases the parties may elect to have a second session. If a full settlement is not reached, the parties are free to pursue other options such as arbitration or litigation.
How to prepare for a mediation session
Preparing for a mediation session is much easier than
preparing for an arbitration or a trial:
1. There are no pre-session pleadings required, although in a more complex case the parties may wish to furnish the mediator with a short brief or explanatory documents that were prepared for another purpose.
2. Prior to the mediation session, all parties should have obtained sufficient information to make settlement decisions. It is common for USA&M and/or the mediator to help with informal information exchanges. Please make USA&M or the other parties aware of any information you need prior to the mediation session.
3. A critical element of a successful mediation is that each side must be represented by a person with adequate authority to settle the case. This typically means that clients, business managers, etc., should attend.
4. A ten to twenty minute opening statement should be prepared. Keep in mind that this is an excellent opportunity to talk directly to the other side. Representatives should consider whether their clients should participate in this presentation (e.g., how the accident or dispute has affected them).
5. Obviously, you need to be prepared to discuss the details of your case. Have quick access to needed information.
How much will mediation cost?
No filing fee is required upon initial submission of a case.
In many cases, the parties agree to divide the mediation costs, although it is not uncommon for one party to pay the entire cost. There must be a clear fee agreement prior to the mediation session taking place.
How is mediation different from arbitration and settlement conferences?
Arbitration involves the presentation of evidence to an arbitrator for a legally binding decision. Arbitration can be effective, but it is generally more time consuming and expensive than mediation, plus the parties give up control of the outcome (although high-low agreements can be used to provide a limited range for the decision).
In a judicial settlement conference, parties submit informal evidence to a judge for an advisory decision. However, any time an outside party is rendering an opinion, particularly about case value, there is a risk that one party will strongly disagree with the opinion and the other party will be locked in to a settlement at that figure. This can actually impair further settlement efforts. Remember that almost every case settles anyway, so the role of the neutral should be to help parties move toward settlement. For this reason, mediation is often preferred to arbitration or settlement conferences.
What cases should be sent to mediation?
As discussed in previous sections, any type of case can be mediated, and there are often many benefits to mediating.
How are mediation clauses used?
Many businesses and attorneys are routinely inserting mediation clauses into contracts. By using such a clause, the parties are pre-agreeing to use mediation in the event of a dispute. See Sample Mediation Clause.
Go to an Area
ADR Services
Arbitration
Mediation
Training
Consulting
Facilitation
Notice of Mediation
Who should receive notice that a mediation has been requested, or will be
occurring?
Confidentiality Issues:
Is existence of mediation confidential?
What information about existence of mediation should be provided
and to whom?
Who should receive a copy of the mediation agreement?
Confidentiality Issue: What information about the mediation agreement (or lack
of agreement) should be provided and to whom?
Decision-Making Authority
How do we ensure that the options considered in settlement are viable,
and can be supported by management not present in the mediation?
Confidentiality Issue: Does getting approval from people not in the mediation
room breach confidentiality?
How do we ensure that the non-complainant participant in the mediation
has authority to commit to specific settlement proposals?
Participation by Management in Mediations
Does a department have the option to categorically “opt out†of the
mediation process?
Should there be a statewide policy regarding “good faith†participation in
mediations by management?
What is mediation?
Who uses mediators?
What is a mediator?
Do I still need an attorney, accountant, therapist or other advisor if I am in mediation?
How does the mediator resolve the issues?
Can I be forced to mediate against my wishes?
But we would have settled it without a mediator if we could have! What difference would a mediator make?
What if we don't agree?
What is the settlement rate for mediation?
Who refers issues to mediation?
What is a "mediated settlement conference?"
How does classic mediation differ from an MSC?
How do I know if my mediator is competent? What credentials should I look for?
How much does mediation cost?
How much does mediation save?
Are there other advantages to mediation?
What is mediation?
Mediation is a process in which a trained, impartial mediator assists parties to a dispute to achieve resolution. It is an alternative to litigation, arbitration, surrender, denial or other methods of resolving a disagreement.
Who uses mediators?
Mediators work with individuals, families, business and non-profit organizations, and political entities from the local to international level.
What is a mediator?
A mediator is a person trained and skilled in conflict management and dispute resolution. While the mediator may also be an attorney, counselor, minister or plumber, the mediator practices mediation.
Do I still need an attorney, accountant, therapist or other advisor if I am in mediation?
The mediator does not practice law, therapy, accounting or ministry during the mediation - but can draw upon skills from all those fields as part of the practice. Clients will be referred to attorneys for specific legal advice and to other professionals for help in those areas when needed. When legal issues are involved, it is advisable for the parties to engage consulting attorneys to advise them of their rights and options, to draft or review their agreements, and to help them implement the resolutions reached. Counselors or psychologists may also be needed to suggest or evaluate parenting plans or to deal with emotional issues that are impeding settlement. Accountants, appraisers or financial planners may be consulted individually or jointly where complex tax, valuation or financial issues are involved.
How does the mediator resolve the issues?
Mediators don't resolve the issues. The clients do. The mediator uses communication and facilitation skills to help the clients find creative options for settling their conflicts. The mediator helps clients re-open communication, sift core issues from ancillary issues, define principles for a fair settlement, brainstorm possible alternatives, and choose among the most workable solutions.
Can I be forced to mediate against my wishes?
Yes and no. If you have signed a contract with a mediation clause, you may be required to go to mediation. If you are in litigation, the court may require you to attend a "mediated settlement conference" before it will schedule a case for trial. Classic mediation, on the other hand, is wholly voluntary. You agree with other parties to the dispute to meet with a mediator to examine in good faith the possibility of collaborative settlement.
But you are never forced to settle.
But we would have settled it without a mediator if we could have! What difference would a mediator make?
Interestingly, many mediators find that the more intense the apparent conflict, the more the dispute is amenable to settlement! Many mediators excel in dealing with intense emotional conflict situations. (That's why they chose mediation as a field of practice.) They know how to defuse and channel conflict into productive channels. Often the parties who appear most "reasonable" are the hardest to get to a resolution.
What if we don't agree?
If you don't agree on a settlement, you can still use other dispute resolution techniques such as war, litigation, arbitration, or capitulation.
What is the settlement rate for mediation?
In classic mediation, some studies show that the parties agree on comprehensive resolutions in 75 to 85 percent of cases mediated. In court ordered mediated settlement conferences, the settlement rate is substantially lower, apparently due to the nature of the cases and the procedures used. In both cases, mediation often resolves some specific issues and sets the stage for resolution of the remainder before trial or arbitration. Whether mediation is successful is measured not as much by whether a full agreement was reached, but whether the parties improved their understanding of the case, their ability to communicate about resolution, and other intangibles.
Who refers issues to mediation?
Cases come to mediation from self referral, attorney or psychologist referral, court mandate, employee assistance programs, government agencies, ministers and rabbis, and other sources.
What is a "mediated settlement conference?"
A mediated settlement conference ("MSC") is court-ordered or required by a contract or an insurance policy. It is normally a one-time event. A person trained to conduct such conferences meets with attorneys, parties and insurers to negotiate a settlement. The attorneys and adjusters often do most of the talking. The parties generally meet in an opening conference, then adjourn to separate "caucus" rooms. The mediator shuttles between the caucus rooms. The conferences usually last for one morning or afternoon session. Sometimes a second session is scheduled. The parties generally do not have an ongoing relationship to be maintained. The object is compromise and settlement of the single issue at hand (usually how much money one side will pay and the other will accept).
How does classic mediation differ from an MSC?
In classic mediation, the parties may have a continuing relationship they need or want to maintain. This could be a business, employment, organizational or parenting relationship, even if only as divorced parents providing for the welfare of their children. Sessions tend to be one and one-half to two hours at a time over a period of weeks, months or even years. While the mediator may hold occasional caucuses, most matters are discussed in joint session. Parties in classic mediation tend to be more active and attorneys often prefer not to attend the sessions.
How do I know if my mediator is competent? What credentials should I look for?
Training and practice differ in various mediation fields. Ask your friends, therapists, ministers, counselors or attorneys for suggestions. Interview the mediator at an initial session. Do you feel comfortable? Does the mediator have appropriate training and credentials? Is the mediator a member of state and national dispute resolution organizations? Does the mediator subscribe to national or state standards of professional practice? Does the mediator have professional liability insurance coverage?
If for a family or domestic matter, is the mediator a Practitioner Member of the Academy of Family Mediators? For litigation matters, is the mediator "certified" by the appropriate state agency for "mediated settlement conferences?" Being a "certified mediator" for court purposes does not imply competency in domestic, labor, construction, securities, or other specialized fields or for "classic mediation." Being a Practitioner Member of the Academy of Family Mediators does not imply qualification to handle workers compensation, litigation or other matters.
The case administrator at Carolina Conciliation Services Corporation can arrange mediations with experienced, professional mediators. Our affiliated mediators handle court related issues, divorce mediation, EEOC claims, workers compensation, workplace disputes and much more. If we do not have an appropriately qualified mediator on our affiliate list, we will do our best to find one for you.
How much does mediation cost?
It depends on the complexity of the case and what is at issue. The adage that "you get what you pay for" applies to mediation as well as to other services. Time and experience are the mediator's stock in trade. Fees charged reflect the skills, reputation and qualifications of the mediator you choose. Professional fee-based mediators charge fees in the same ranges as attorneys, psychologists and other professionals. Some fee-based professional mediators will arrange discounts for qualified low income individuals. If you do not need the services of a professional mediator, you can sometimes get free mediation from volunteers at some United Way agencies and at court programs.
How much does mediation save?
While there are times that mediation can be more expensive than other forms of dispute resolution, in general it is less costly even when both sides have also hired lawyers. You can save the costs of a trial or arbitration if you resolve the matter, or cut down costs if you settle some but not all matters. You can save emotional stress for yourself and others in your business or family.
Are there other advantages to mediation?
Yes! Mediation is confidential. Only you and the mediator know what was discussed. Confidentiality is protected by law, except in limited circumstances. Mediation helps the parties develop new, better communications skills. Mediation keeps business and employment relationships intact. And settlement gives you a feeling of personal accomplishment.
|
Dispute Resolution
Arbitration
Conciliation
Collaborative law
Conflict resolution
Dispute Resolution
Discovery
Facilitation
Mediation
Negotiation
Party-directed mediation
Restorative justice
|
Dispute
Legal Dispute
Conflict
Dispute Resolution
Criminal offences
|
Methods of dispute resolution
Arbitration
Conciliation
Collaborative law
Conflict resolution
Discovery
Facilitation
Mediation
Negotiation
Party-directed mediation
Restorative justice
|
Dispute resolution
Methods of dispute resolution include:
lawsuits (litigation)
arbitration
collaborative law
mediation
conciliation
many types of negotiation
facilitation
Dispute resolution processes fall into two major types:
1.Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2.Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
Judicial dispute resolution
Extrajudicial dispute resolution
Online dispute resolution
disputeresolution.html
disputes.doc
My dispute has been resolved, can I close the dispute? You can close a dispute, however make sure that you are 100% satisfied that the dispute is resolved before closing it.
How do I file a claim or check the status of a claim?
To file a claim, first open a dispute and try to work out the problem with the _______through the Dispute Resolution process in the Resolution Center.
disputes.doc
|
|
