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Alternative Dispute Resolution

Alternative Dispute Resolution

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Alternative Dispute Resolution

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Presentation Transcript

  1. Alternative Dispute Resolution Mediation

  2. What is Dispute Resolution? • Methods to resolve a conflict • May be referred to as: • Alternative Dispute Resolution • Appropriate Dispute Resolution • ADR • Alternatives to court

  3. Uses of ADR • ADR can be used to resolve any type of dispute, including, but not limited to: • Neighborhood • Employment • Business • Housing • Personal Injury • Consumer • Environmental

  4. Advantages to ADR Cheaper Faster Greater participation in reaching a solution Control over the outcome Less formal More Flexible Confidential

  5. Mediation A private process Neutral third-party neutral helps parties discuss and try to resolve the dispute

  6. How Mediation Works Parties describe issues Discuss their interests, understandings, and feelings Provide information Explore ideas for the resolution

  7. A Typical Day In Mediation • Most mediations start with the parties together in a joint session with a mediator who: • Describes how the process works • Explains the mediator’s role • Helps establish ground rules • Develop agenda • Parties tell their stories • Some mediators conduct entire process in joint session • Sometimes mediators will move to separate sessions called caucuses or shuttle diplomacy • If parties reach agreement the mediator may help reduce the agreement to a written contract usually enforceable in court

  8. What About Cases Already In Court? Some courts mandate certain cases go to mediation The process remains “voluntary” in that the parties are not required to come to agreement Mediator does not have power to make decision Only people who can resolve the dispute in mediation are the parties themselves

  9. What Role Do Attorneys Play Not required to have an attorney to participate Where court has referred case to mediation, attorneys usually participate except in many divorce cases Roles vary: accompany their clients or participate as counselors or advocates

  10. What Happens If There Is An Agreement? Usually there is no deal unless it is written down Many states have special laws that allow for easy enforcement of agreement reached in mediation without having to go through a real trial

  11. What Happens If There Is An Agreement? (Cont.) • Most states have rules that permit the parties to introduce the agreement in court despite rules about confidentiality in order to allow the parties to enforce their agreements • This does not prevent parties from making agreement confidential and most courts have a way to hold a confidential hearing if necessary

  12. Thank You