NCJ Number
156123
Journal
Juvenile and Family Court Journal Volume: 46 Issue: 2 Dated: (Spring 1995) Pages: 63-73
Date Published
1995
Length
11 pages
Annotation
This manual for mediators provides guidelines that encompass preparation, the opening joint session, dealing with each side alone, procedures to use as a last resort, accident cases, and divorce cases.
Abstract
Guidance in the section on preparation encompasses the following instructions: prepare your own role; know the case; appear neutral; be active; provide a level playing field; do not mention your own numbers; use humor; and wear robes. Guidelines for the opening joint session of mediation are to start with everyone present; show expertise and neutrality; explain the mediation process; ensure confidentiality; and advise the parties that if they cannot resolve the dispute themselves, a stranger will decide the issue in another setting. Guidance for sessions with each party alone pertain to the neutralization of feelings and emotions, the identification of weaknesses in the case, showing of witness unreliability, trying creative solutions, asking the lawyer if the fee can be reduced, settling to avoid delays, settling to avoid fees and costs, personal stress of a trial, and some of the consequences of an appeal. Suggestions for "last resort" efforts are to try a joint session, try a mediator's estimate, suggest other alternative dispute resolution techniques, threatening a walkout, and setting the essentials of the agreement in writing. Guidance on accident cases pertains to liability, comparative negligence, property damage, mitigation of damages, personal injury, consideration of all reports, the impact of prior conditions, and the evaluation of injuries. Information on divorce cases pertain to custody and visitation, child support, spousal maintenance, and property division.