mediate don't litigate, strategies for successful mediation (2004)

[...]... AND MEDIATION SERVICES 3/4 B GATHERING LEADS 3/16 C SELECTING THE RIGHT MEDIATION SERVICE 3/17 D SELECTING A MEDIATOR 3/22 4 Starting Your Mediation Case A IS YOUR CASE READY FOR MEDIATION? 4/2 B HOW TO PROPOSE MEDIATION 4/6 C STARTING YOUR CASE WITH A MEDIATOR OR MEDIATION SERVICE 4/13 D SECURING AN AGREEMENT TO MEDIATE 4/18 5 Preparing for Your Mediation. .. sources of information that might be helpful ■ CHAPTER 1 Mediation Basics A WHAT IS MEDIATION? 1/3 1 The Goals of Mediation 1/3 2 The Role of the Mediator 1/5 B HOW DO CASES GET TO MEDIATION? 1/7 1 Voluntary Mediation 1/7 2 Mandatory Mediation 1/7 3 Mediators and Mediation Services 1/8 C ANATOMY OF A MEDIATION 1/11 1 Where Are Mediations... introduce you to mediation as a tool for resolving disputes Here, we explain what mediation is, how it works, and what you can expect when you mediate a dispute We also explain how mediation differs from other methods of resolving disputes Armed with this basic information, you can then move on to the details of deciding whether to mediate, choosing a mediator, and preparing for the mediation, covered... types of mandatory, or required, mediation In an effort to cut the flood of lawsuits and show people the benefits of mediation, many states have passed laws that require you to try mediation before you can move your lawsuit forward Courts in some states routinely order small claims actions or regular civil claims for relatively small amounts of money to mediation In California and other states, courts... CAN BE MEDIATED 11/8 C GETTING YOUR CASE TO THE TABLE 11/12 D PREPARING FOR YOUR BUSINESS MEDIATION 11/16 E INSIDE THE MEDIATION SESSION 11/16 F WRITING THE AGREEMENT 11/18 G OTHER DISPUTE RESOLUTION PROCEDURES FOR BUSINESS CASES 11/18 12 Mediating Employment Disputes A DECIDING WHETHER TO MEDIATE 12/5 B CHOOSING A MEDIATOR 12/9 C PREPARING FOR THE MEDIATION. .. mediation and/or arbitration rather than the court system 3 Mediators and Mediation Services There are lots of different mediators and mediation services out there Which one ultimately mediates your dispute will depend on how your case gets to mediation and what you and the other party are seeking in a mediator Here is some information on the most common types of mediators and mediation services (for. .. Nonprofit community mediation centers: These groups offer mediation services free or for a nominal charge For a one-day mediation of a neighborhood dispute, for example, you might expect to pay a $20 administrative fee (which the center might waive if you can’t afford it) • Private dispute resolution companies: These firms usually charge a set administrative fee plus an hourly rate for the mediator’s... will pay and the deadlines for payment, and Mediation Basics 1 / 13 • Liability, usually stating that the mediator or mediation service is not legally responsible for problems arising out of the mediation Mediation rules are discussed further in Chapter 5, Section A HOW LONG DOES MEDIATION TAKE? Depending on the type of mediation, mediators will often keep a mediation going as long as they and the parties... several weeks or months (See Chapter 10 for more information on divorce mediation. ) Given the uncertainty over how long your mediation will last, try to clear your calendar for the whole day so you will be able to stay as long as you need to Put another way, you should park in a lot, not at a meter 1 / 14 MEDIATE, DON’T LITIGATE 3 The Six Stages of Mediation Mediation does not consist simply of sitting... at times, a mediator— for example, department heads mediate between workers, parents mediate between children, friends mediate between friends—we probably would not attempt to sit in a room with total strangers and try to help them find a solution to a problem that has vexed them for months or years Our reservations about trying to do this would be well-founded Although formal mediation involves a good . Basics A. WHAT IS MEDIATION? 1/3 B. HOW DO CASES GET TO MEDIATION? 1/7 C. ANATOMY OF A MEDIATION 1/11 D. MEDIATION VS. OTHER FORMS OF DISPUTE RESOLUTION 1/16 2 Deciding Whether to Mediate A. WHAT. MEDIATION? 1/7 1. Voluntary Mediation 1/7 2. Mandatory Mediation 1/7 3. Mediators and Mediation Services 1/8 C. ANATOMY OF A MEDIATION 1/11 1. Where Are Mediations Held? 1/11 2. Mediation Rules 1/12 3 DISPUTES CAN BE MEDIATED? 2/3 B. ADVANTAGES AND DISADVANTAGES OF MEDIATION 2/4 C. WHEN MEDIATION MAKES SENSE 2/9 D. FACTORS OPPOSING MEDIATION 2/16 3 Choosing a Mediator A. MEDIATORS AND MEDIATION