NCJ Number
111713
Date Published
1987
Length
10 pages
Annotation
This monograph outlines a detailed informal procedure for the voluntary mediation of disputes that involves the structured exchange of information, the use of a mutually acceptable third-party mediator, a nonbinding settlement proposal, and the opportunity to incorporate a minidiscovery procedure into the process.
Abstract
In this four-phase procedure, a mediator is retained with the consent of all parties and the mediation process is explained. The mediator then is appraised of the facts of the case in the form of a summation by the involved parties. The mediator presents terms of settlement and gives the parties an opportunity to accept the terms without further negotiation. If the proposal proves unacceptable to any party, mediation enters the final phase of shuttle diplomacy, wherein the mediator meets separately with each party and attempts to bridge differences and reach an accommodation. An essential element of mediation is a visible high-level commitment to the concept and to the success of the mediation process. Consideration of various mediation options also should be integrated into a company's decisionmaking structure, and high-level, inhouse personnel should be involved in screening disputes for possible mediation. In general, disputes are suitable for mediation when the result of litigation is uncertain, when prompt and less costly settlement is desired, when disputes involve mixed questions of law and fact, and when negotiation positions of the parties are far apart.