Former Attorney General Griffin Bell initiated a national project sponsored by the U.S. Dept of Justice entitled “The Neighborhood Justice Center Pilot Program”. The mission was to determine if minor disputes clogging our court system could be more swiftly and better resolved using the resources of trained community volunteer mediators.

Sources of Conflict:
          Failure to deliver on a promise
          Lack of quality or competence
          Different perceptions, values, styles
          Standing on principle
          Competing for scarce resources
          Expressing inner conflict outwardly
Dynamics of Conflict:
          Feelings intensify
          Positions harden
          Dehumanizing occurs
          Desire to punish emerges
          Communication deteriorates
                                                              Approaches to Conflict

Adversarial Process Characteristics:
          Win-lose
          Right/Wrong
          Orient to the past
          Third party decides
          Relationships often strained
          Costly in time, emotion, and money
Non-Adversarial Process Characteristics:
          Win-Win
          Problem-solving
          Oriented to the future
          Third party does not decide
          Relationships often improved
          Less costly in time, emotion, money
Mediator’s Tools:
          A different mindset
          Language of resolution
          The mediation process
How information is communicated:
          7% through meaning of words
          38% through voice pitch, intonation, timing
          55% through facial expression, body language
          Mehrabian, A “Nonverbal Betrayal of Feeling”, Journal of Experimental Research in   Personality 5 (1971)
Mediation Components:
          Preliminary matters
          Mediator’s opening statement
          Remarks by the parties
          Joint discussion
          Caucus
          Reconvening the parties
          Agreement writing                               Courtesy of The Justice Center of Atlanta

Mediation - Frequently asked questions

If the conflict between disputing parties is unresolved, it will tend to grow. Too often the litigation process forces parties to become more entrenched, better organized and determined to do battle. Courtroom practice is unfamiliar to most of us. More often than not, adversarial contests do little more than draw a line across the conflict, creating hollow victories and a sense of loss.

Why use ADR?

Assisted Dispute Resolution (ADR), as a means for resolving conflict and disagreements, is becoming more widely accepted throughout the world. ADR specifically includes mediation as a process that helps to resolve conflicts, restore workable relationships, and provide for faster, less expensive and sustainable solutions that meet the needs of disputing parties.

Mediation
What is Mediation?

Mediation is a process in which disputing parties meet with an neutral third party. Together they isolate disputed issues in order to develop options, consider alternatives, and reach an agreement which meets the parties needs.Mediation is a private, voluntary and confidential dispute resolution process. It is non-confrontational and avoids the costs and delays of court action.

What does the Mediator do?

The mediator is a neutral third person, who guides the process to help both parties to resolve the conflict between them. The mediator's role is to facilitate dialogue, not to decide facts and issues, nor impose a decision. The mediator helps both parties communicate and understand each others point of view, and helps them work out their own solution.

What about confidentiality, and is a record kept of our mediation hearing?

Mediation is confidential, held in a neutral setting, and typically bound by an agreement that the mediator cannot be summonsed to court to testify on either party's behalf. The mediator's notes relating to the mediation process are destroyed. An agreement of utmost confidentiality is established so that neither party prejudices its position by engaging in mediation.

When can Mediation be used?

Mediation can be used in any conflict where the parties are willing to enter into a good-faith dialogue to resolve their dispute.Mediation provides the opportunity for all parties to air their differences, feelings, and opinions; and to hear, consider and respond to each others perspectives. It is a consensual process designed to explore, and reach a mutually acceptable resolution of the issues in dispute. During mediation a mediator will meet privately with each party in what is known as a caucus. Any dialogue within a caucus is confidential unless the mediator is authorized to divulge what has been said.

Mediation is voluntary and finishes once agreement has been reached, or when either party no longer wishes to participate. Agreements are reached when both parties act in good faith to resolve their differences. A written agreement signed off by all parties is considered as binding.

When is Mediation Appropriate?

Mediation is designed to minimize the need for formal legal intervention and procedures. It involves all parties and their advisors in an effort to take ownership of finding, and implementing, resolutions to conflict which are mutually acceptable. Mediation is successful in resolving disputes in more than 80% of all cases.

What are the Benefits of Mediation?

It is important to know what the mediation process offers. It does not guarantee specific results, but it is widely recognized that mediation does offer the following benefits:

• Cost and time saving
  Whether at a family or business level, tension, disputes, litigation and court proceedings have a tendency to shift the focus, consume resources and time, and disrupt the lives and businesses of disputing parties. Mediation, because it is focused on reaching resolution, is usually less expensive in terms of time, money and energy. When parties want to move on, mediation is an excellent vehicle for producing rapid results.
• Confidentiality
  Mediations are held in a neutral setting agreed to by all parties. Parties typically agree that the mediator cannot be subpoenaed to testify for either party, nor to divulge or voluntarily testify about anything said during the mediation process, so that no party prejudices its position by engaging in mediation. Because mediation is conducted in a private setting, in contrast to court cases, publicity is avoided and sensitive confidentiality maintained.
• Informality
  Mediation hearings are held at a time and place chosen by the parties. Formalities are restricted to reasonable control of the process by the mediator.
• Certain Results
  Agreements reached at mediation meet the needs of the parties and provide a certain and tangible result.
• Control of Process
  The ability to control costs and the outcome of disputes is far greater for parties working within the mediation framework. In negotiating their own settlements, parties often feel far stronger and in charge of gains and losses, which by implication are far more predictable.
• Commercial Sense
  Mediation makes good commercial sense as it resolves disputes quickly and at minimal cost, while retaining valuable personal and working relationships.
• Cohesion and collaboration
  Mediation is a consensual dispute resolution process that retains valuable personal and working relationships.
• Communication channels stay open
  Tension, conflict and disputes are characterized by differing perceptions, interests and competitive behavior. The mediation process fosters genuine understanding, solutions, and an opportunity to move forward.
• Productive relationships
  In increasingly complex situations mediation helps build sustainable solutions and comprehension of the other party. In the process, improved personal and business relationships are fostered as tensions recede.
• Closure
  Once agreement is reached the parties can decide for themselves the most appropriate method or process to "close" their dispute.