alternative dispute resolution - basic mediation

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Basic Mediation Compiled and Narrated* by: Veronica “Niki” Hannevig, MS (CRC Retired) Professional Experience with Groups, Conflict Resolution, and Mediation. * The narrated version of this presentation is available by logging in for Integrity Training - Expediting Cohesion at Sherman Institute . Mediation

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Mediation is a time-honored alternative to litigation. This presentation is the first of two and strongly recommended before proceeding to "Skills Building".

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  • 1. Basic MediationCompiled and Narrated* by:Veronica Niki Hannevig, MS (CRC Retired)Professional Experience with Groups, Conflict Resolution, andMediation.* The narrated version of this presentation is available by logging in forIntegrity Training - Expediting Cohesion at Sherman Institute.
  • 2. TransitionalHybridsAvoidanceNegotiationViolence(Self Defense)ArbitrationMediationLitigation
  • 3. Proverbs 4:14-15Do not enter the path of the wrong, And do not walk in the way of evil-doers.Avoid it, do not pass by it; Turn away from it and pass on.Websters 1828 Dictionary DefinitionAvoidance - AVOIDANCE, n.1. The act of avoiding, or shunning.2. The act of vacating, or the state of being vacant. It is appropriately usedfor the state of a benefice becoming void, by the death, deprivation, orresignation of the incumbent.3. The act of annulling.4. The course by which any thing is carried off.
  • 4. ReconciliationRECONCILIATION, n. [L. reconciliatio.]1. The act of reconciling parties at variance;renewal of friendship after disagreement or enmity.Reconciliation and friendship with God, really form the basis of all rational and true enjoyment.2. In Scripture, the means by which sinners are reconciled and brought into astate of favor with God, after natural estrangement or enmity; the atonement;expiation.Seventy weeks are determined upon thy people and upon thy holy city, to finish thetransgression and to make an end of sin, and to make reconciliation for iniquity. Dan 9. Heb 2.3. Agreement of things seemingly opposite, different or inconsistent.
  • 5. Matthew 18:16But if he does not hear, take with you one or two more, that by the mouth oftwo or three witnesses every word might be established.Websters 1828 Dictionary DefinitionMediation - MEDIATION, n. [L. medius, middle.]1. Interposition; intervention; agency between parties at variance, with a viewto reconcile them. The contentions of individuals and families are oftenterminated by the mediation of friends. The controversies of nations aresometimes adjusted by mediation. The reconciliation of sinners to God bythe mediation of Christ, is a glorious display of divine benevolence.2. Agency interposed; intervenient power.The soul, during its residence in the body, does all things by themediation of the passions.3. Intercession; entreaty for another.
  • 6. Mediate - MEDIATE, a. [L. medius, middle.]Middle; being between the two extremes.Anxious we hover in a mediate state.1. Interposed; intervening; being between two objects.Soon the mediate clouds shall be dispelled.2. Acting by means, or by an intervening cause or instrument.Thus we speak of mediate and immediate cause of itsmotion; the oar with which a man rows a boat is theimmediate cause of its motion; but the rower is the mediatecause, acting by means of the oar.MEDIATE, v.i. To interpose between parties, as the equalfriend of each; to act indifferently between contendingparties, with a view to reconciliation; to intercede. Theprince that mediates between nations and prevents a war, isthe benefactor of both parties.1. To be between two. [Little used.]MEDIATE, v.t. To effect by mediation or interpositionbetween parties; as, to mediate a peace.1. To limit by something in the middle. [Not used.]Arbitrate - ARBITRATE, v.i.[L. arbitror.]To contest in law; to prosecute ordefend by pleadings, exhibition ofevidence, and judicial debate; as, tolitigate a cause or a question.LITIGATE, v.i. To dispute in law; tocarry on a suit by judicial process.To hear and decide, as arbitrators;as, to choose men to arbitrate betweenus.ARBITRATE, v.t. to decide; todetermine; to judge of.Litigate - LITIGATE, v.t. [L.litigo, from lis, litis, a contest ordebate.]
  • 7. Mediator - MEDIATOR, n.1. A person appointed, or chosen byparties in controversy, to decidetheir differences. This is its sense inthe civil law. In modern usage,arbitrator is the technical word.2. In a general sense, now (in 1828)most common, a person who hasthe power of judging anddetermining, without control; onewhose power of deciding andgoverning is not limited.3. One that commands the destiny, orholds the empire of a nation or state.Arbiter - ARBITER, n. [L.]One that interposes between partiesat variance for the purpose ofreconciling them.1. By way of eminence, Christ is themediator, the divine intercessorthrough whom sinners may bereconciled to an offended God.1Tim.2.Christ is a mediator by nature, aspartaking of both natures divine andhuman; and mediator by office, astransacting matters between God andman.
  • 8. Unlike adversarial forms of litigation, mediatorsuse a variety of voluntary techniques to resolvedisputes. These techniques may include:FacilitationFact FindingSettlement ConferencesMini Trials
  • 9. The basic principles of mediationare consistent with organic systemsand Contract Law and are outlinedin Mat. 18:15-20. . . . (I)f your brother sins against you, go and (1)reprovehim, between you and him alone. If he hears you, you have gained yourbrother. But if he does not hear, (2)take with you one or two more, thatby the mouth of two or three witnesses every word might beestablished. And if he refuses to hear them, say it to the assembly. . . .Truly, I say to you, whatever you bind1 on earth shall be having beenbound1 in heaven, and whatever you loosen1 on earth shall be havingbeen loosened1 in heaven. Footnote: 1Binding and loosening is Hebrewidiom for exercising authority (to prohibit and permit).Again I say to you that if two of you agree on earth concerningany matter that they ask, it shall be done for them by My Father in theheavens. For where two or three are gathered together in My Name, thereI am in their midst.
  • 10. The request for mediation. A formal request ismade to a trusted mediator and co-mediator toassist in resolving the dispute. The mediator willoffer his or her service and, upon acceptance, adate and time will be scheduled to hear the matter.The pre-complaint. A one-on-one good faithoral or written attempt to resolve the dispute.
  • 11. Voluntary Neutral Confidential - Enforceable
  • 12. Mediation is a process in which an impartialthird party assists disputants in finding amutually acceptable solution to their dispute.Mediation is both voluntary and confidential.Mediators are a Facilitator of ProcessMediators are NeutralMediators have No stake in outcomeMediators have No position on issues
  • 13. - There is a desire to avoidadverse precedent orconsequences.- There is no need to establishprecedent or demandconsequences.- There is a need to avoidpublicity and maintainconfidentiality and/or privacy.- There is a desire for speedyresolution and need to avoiddelay.- There is a desire, or need, topreserve a continuingrelationship.- Theres a recognition thatemotions or hostilities may bara settlement.- Theres a desire to minimize therisk of an imposed outcome.- There is a desire, and need, toreduce the high cost oflitigation.- The outcome of mediation mayenhance resolution of anexisting collateral issue.
  • 14. From Strongs Hebrew Dictionary - H995:bynbeneA primitive root; to separate mentally (or distinguish), thatis, (generally) understand: - attend, consider, becunning, diligently, direct, discern, eloquent, feel, inform, instruct, have intelligence, know, look well to, mark, perceive, beprudent, regard, (can) skill (-ful), teach, think, (cause, maketo, get, give, have) understand (-ing), view, (deal) wise (-ly, man). If you have reason to believe you possess these attributes,go on to the Skills Building presentation.