ADR SYSTEMS OF AMERICA

INTRODUCTION TO MEDIATION

ADiscourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses and waste of time.@

Abraham Lincoln
 

AMediation@ means a process whereby a  neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non adversarial process with the objective of helping the disputing parties reach a mutual acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploiting settlement alternatives.

Fl. Stat.,Ch. 44, sec.44.1011(2).

Basic roles a Mediator Can Play: 

• Urging participants to agree to talk.

• Helping participants understand the mediation process.

• Carrying messages between parties.

• Helping participants agree upon an agenda.

• Setting an agenda.

• Providing a suitable environment for negotiation.

• Maintaining order.

• Helping participants understand the problems.

• Defusing unrealistic expectations.

• Helping participants develop their own proposals.

• Helping participants negotiate.

• Persuading participants to accept a particular solution.

Riskin, Leonard and Westbrook, James E. Dispute Resolution and Lawyers, (West Publishing, 1987) p. 207, reprinted with Permission of Publishing.Co.