Mediation: Back to the Basics Part One Out of Stock
- Definitions - ADR Rule 2
b. Is it supposed to be a different process, or does it just have a different name?
- How is conflict controlled in each?
- Is settlement imposed or constructed?
- Who is the most important person at the mediation conference?
- Do the parties interact with each other?
- Is there a burden of proof?
- Are the parties limited to a legal solution to their conflict?
- Do the parties have an opportunity to do more than merely resolve the concrete issues presented by their case?
- Can the parties say No?
- Standards of Conduct for Mediators Rule 1. Self Determination. A mediator shall recognize that mediation is based on the principle of self-determination by the parties.
- It is Rule 1 for a reason.
- The parties bring the solution with them when they walk into the mediation conference. Provide an environment that allows them to find it. Your solution may not be their solution.
- Mediator Defined. ADR Rule 2(b).
- Authority and Duties of Mediator. ADR Rule 7.
- Agreement in Circuit Court. ADR Rule 6(f).
- Agreement in Family Court. ADR Rule 6 (g).
- Disclosure by uncertified neutral and written consent from all parties. ADR Rule 4(a)(2) and SCCA108F Consent to Selection of Uncertified Neutral.
- Quality of the Process. SCM VI and Comments.
- Demeanor / Presence
- Impartial / Self Control
- Attentive / Adaptive
- Patience / Perseverance
- The Myth of Impasse.
- What is impasse?
- Is one party looking for the perfect solution?
- Are you dealing with decision fatigue?
- Have all the realistic options been brought to the table?
- Nothing is free. There is a cost to going to trial, and there is a cost to not going to trial.
- What does impasse have in common with the Boogie Man?
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2022, please use this course code: 223058ADO.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 231519ADO.
this in 2020, please use this course code: 900266ADO.