Free Mediation Course Blog

The American legal system is overburdened with lawsuits. Paralegals spent countless hours doing legal research, drafting documents, and interviewing clients in preparation for a trial. However, there is an emerging movement that is challenging how we as a society handle disputes, and it is formally termed Alternative Dispute Resolution (ADR). One of the most common forms of ADR is mediation, where a neutral third party, termed a mediator, works with both sides of a dispute to have them agree on their own terms, without someone else deciding what is best for them. As more and more people choose this route over litigation, there is an increasing need for skilled mediators, and paralegals have a tremendous opportunity to fill this void by utilizing their analytical abilities and undergoing formal training in mediation.

Why enter the field of mediation? First of all, mediation works. Given the opportunity and the means to form their own solutions to their problems, many disputants find that it empowers them and allows what could be a very complicated litigious process to be a lot simpler, more successful, and less cumbersome. Mediation techniques can be employed to solve several different types of disputes, including family matters such as divorce or child custody, owner/tenant or builder/homeowner problems, community disagreements, or disputes in the workplace.

Mediation can also save time and money. For instance, in a divorce/child custody case being settled by litigation, both sides might spend thousands of dollars in attorney fees. It might result in several court appearances and numerous phone calls back and forth between their respective law firms. In the end, a judge would decide the outcome and essentially seal their fate, whether the terms were acceptable to them or not.

A similar case handled through mediation, however, can often be worked out through several sessions with a mediator, at a cost much more reasonable than if the case were litigated. At the conclusion, the two sides draft what is termed a “Memorandum of Understanding,” which spells out the agreements between them and, unless positively outlandish, would be accepted by a judge at a final dissolution hearing, and allow their own wishes to be the ones that they follow.

How can a paralegal become a mediator? Unlike therapists or attorneys, whose educational and licensing requirements are highly regulated by states, no such standards currently exist regarding the certification of mediators. This is likely to change in the future, as the role of mediators become more recognized as a profession, so when choosing a training program, be sure to follow these guidelines:

o Find an accredited program. There are several types of accrediting bodies, but the best programs will offer college credit from a regionally accredited school. Schools with “regional” accreditation undergo stringent review processes to ensure quality, and their credits are more readily accepted by other colleges and employers, as opposed to credits from schools with “national” or “professional” accreditation. Do your homework!

o Find a program that offers a practicum. Practicums can offer you real life experience as a mediator, and the more cases you are able to have a hand in mediating, the better your skills will become.

o Find a program that offers more than one generic course in mediation. Since mediation is used for many different disputes, there is specialized knowledge that should be obtained for each. Look for a program that will teach you more than the basics.

o Find a program with experienced mediators as instructors. Investigate how long the faculty members have been involved with mediation, and what types of disputes they have helped to resolve.

As paralegals, our job description is always evolving, so it pays to continuously enhance our skill set. After undergoing mediation training, you, too, will be ready to embark on the amazing journey of helping other people help themselves, making them active participants in their own destiny.

Jennifer D. Grassini is the Executive Assistant for IADR – The Institute for Advanced Dispute Resolution (http://www.advanced-resolution.com), a school which provides in-depth specialized training in mediation. She earned her paralegal certificate through the Washington Online Learning Institute. She is passionate about the mediation process, and speaks to various groups regarding the benefits of alternative dispute resolution.

Mediation for family disputes is the most appropriate way of resolving any conflicts that have occurred after separation or divorce. During the mediation process, former couples are able to be helped and advised to look for their own solutions to their conflicts or disputes. Mediation in family disputes is not just for couples after separation or divorce, but all kinds of family problems. These can include disputes between a parent and child; disagreements over care of elderly or terminally ill relatives; disputes over grandparents contact with grandchildren; or homelessness caused by family arguments.

Parties to the family dispute can explain their concerns and needs to each other whilst being witnessed by a qualified family mediator. Mediators are impartial; therefore they are on no one party’s side. They are hired to be helpful to both parties of the conflict, unlike a hired solicitor as they work for the party that has employed them. If the case does not seem to be moving very quickly, a family mediator can suggest a way of solving a problem to help them reach an agreement which is deemed acceptable to both parties. However, it must be remembered that a mediator can never tell the parties what to do in any circumstances as the parties are the ones controlling the mediation.

The mediators’ role in family mediation is to give information about the law in relation to the area that is in conflict. However, mediators cannot give advice about what to do to resolve the conflict. That is completely up to the parties. It is advised that before mediation is carried out, a family solicitor is contacted to give some general legal advice on the conflict to give you a better idea of the law and where you stand in relation to your rights. A solicitor can also help you during the mediation process, by hiring a solicitor who is qualified as a mediators advocate. This means that the solicitor can help you before, in between sessions with the mediator and when settlement has been reached, therefore giving you that peace of mind that whatever the outcome, it is a fair and just outcome for both parties.

Mediation is a positive approach to resolving disputes which have arisen from a separation or other family dispute. It is time and money efficient as it allows the parties to reach a settlement outside of the courts where a judge will impose a judgement. Family mediation is specifically geared towards the question of divorce and grounds for divorce and whom children will live with, in the event of a divorce; how the management of shared care of children will be handled and any other parental issues; question of how assets will be divided and how the arrangement of financial support for family members will be managed and who will be in charge of this.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

A divorce is rarely a pleasant thing. However, there are many more situations that can make a divorce even more problematic. For example, when the two of you have trouble communicating and you cannot agree on the terms of the divorce, separation of property and other details. Another burden of divorce is the expense that is involved.

Divorces are very costly and the more you debate about and need attorneys to go to court about, the more it’s going to cost you. The both of you will end up putting a lot of money in your attorney’s pockets but maybe still not feeling like you have resolved anything.

This type of legal battle often turns two people who just want to go their separate ways into long time enemies. But there is another option that might work for you. If you are seeking divorce and you both agree to go your separate ways but you are not 100% in agreement over other arrangements such as bills, property or other shared items from your marriage, then consider divorce mediation instead of lawyers.

Mediation is part of a legal process known as Alternative Dispute Resolution, or ADR, and it can greatly help you find common ground over your divorce without the long and expensive process of going through the courts.

For example, if you and your partner are arguing over who gets the house or who is responsible for which joint bills you had together, then you can work together with a third party who is not bound to either one of you in a financial manner and work it out through mediation.

This will give you the opportunity to talk about what you want and share your feelings without feeling like you will be judged or attacked. The mediator can hear both sides and help you find an agreement that you both are happy with. You will walk away from the experience feeling like you have resolved something and that there is a conclusion you can live with, instead of like one party “won” and the other one “lost” while really you both spent a ton more money than was needed to resolve the issues.

In divorce mediation through ADR, both sides can win. You can be adults about your separation and handle the issues in a mature way, with just a little help.

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Learn more about how legal mediation can help your case. When you mediate, both sides can win and you don’t have to get your lawyers pockets even fatter. Alternative Dispute Resolution (ADR) might be right for you.

Mediation is an alternative route to go down instead of litigation. It has many advantages, which is why it is so highly recommended before court proceedings, for a way to resolve any dispute. As with any case, if the dispute goes to litigation, it can take a very long time. Mediation is extremely time efficient. It can be scheduled in a matter of days or maximum, weeks which means it avoids the disagreeable consequences of litigation and prevents the exhausting of costs and resources.

Mediation is relatively cheap compared to litigation, starting at around £100 per party. The mediation only usually takes a few hours to complete and very rarely lasts more than one to two days, with hardly any preparation involved. These points mean that the costs will be at a minimum. Generally the average costs for a commercial mediation will be around £850 plus VAT per party which is incredibly low, considering you generally pay a solicitor around £250 per hour of any work they undertake.

One of the great things about mediation is that both parties to the claim are able to sustain control over the outcome of the dispute without having a judge, jury or lawyers dictate the judgement, organise the procedure, level of disclosure and evidence given. In mediation, this is completely the opposite. It means that the parties will be able to refuse settlements which they do not agree, and enables them to reach more inventive settlements.

Mediation is an informal procedure with no rules of law of process other than the law of confidentiality. Therefore it means that both parties to the claim will find mediation and the process far less stressful than having to attend court through litigation. In mediation, the parties will then be able to say what they like without feeling like they may prejudice themselves or their case. The parties can also bring whomever they wish to mediation, and whatever documents they believe are relevant which they may not have been able to disclose at court.

Many cases which are brought to mediation are due to contractual disputes in relation to existing business relationships. The reason that these types of cases are so common in mediation is because mediation enables the preservation of working relationships once the case has been settled. Parties who end up going to court through litigation will be unlikely to continue a good commercial or contractual relationship because of the fact that at court you are deemed to be either the winning or losing party. Mediation enables the parties to come to a settlement that is agreed between both, therefore allowing relationships to continue.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

Commercial mediation is an alternative to litigation. It is designed to address the main issues and obstacles behind disputes that have arisen, by reaching a commercially practical solution. Mediators specialised in commercial mediation are qualified to understand that many individuals and companies dispute resolution is a distress purchase. This means that the costs that are incurred because of potential business disruption and personal management time whilst trying to manage the conflict are often underestimated.

Commercial mediation is an effective alternative to litigation. The process is that a mediator is appointed as a professional third party, neutral to both sides, whose role is to provide the structure within which a constructive and positive negotiation or agreement process can be reached. The decision by both sides to settle and terms of the settlement will be completely on the parties involved in the case and not the mediator or a judge as in litigation.

Commercial disputes that an appropriate for commercial mediation involve situations where a party has suffered loss as a result of a breach of contract; a business partner or fellow director wants to leave the company; a supplier, customer, client or contractor is refusing to pay a party or supply goods to a party; a party has employees, managers or directors who are in dispute. These are only a few examples, and they do not even have to involve much money. The dispute could even involve a husband and wife who have a business in common, which would still qualify for commercial mediation.

The ways you can handle any commercial dispute are by negotiation, arbitration, litigation, capitulation or mediation. Mediation is the process that allows a party to be directly involved in the claim and has been deemed the most cost-effective form of alternative dispute resolution to achieving a settlement. Each party will prepare their case summarising their side for the mediator to listen too. They will then decide on a date and place for the mediation to take place. At the actual meeting, each party will have the opportunity to state their case with the main objective being that both parties find a workable agreement. Parties will agree a time allocation that is either set or left open-ended to make sure that agreement is reached therefore the mediation is completely within the parties’ control. When a settlement is attained, the appointed mediator will work with the parties to produce a written agreement, sign it which will then make it legally binding. The mediation process is completely confidential therefore it will mean that it will be out of the public eye.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

Mediation comes in five different stages; the initial meeting, joint meeting, working with the mediator, evaluation of the mediation and the settlement. The initial meeting is where each party is assisted in exploring and clarifying the issues and feelings involved and consider mediation as a positive option in resolving their difficulties. The Joint meeting is to facilitate the parties concerned in the dispute in starting to construct a workable settlement or agreement about the future and build a mutual understanding of their ongoing working relationship. As a mediator, he or she will need to interact constructively with the parties while being completely impartial at all stages even within the client’s company or organisation. Evaluating the mediation process is by looking at the contribution and results that the parties involved have given with a view of improving the relationship to the highest reasonable standard. Then finally, it is important to ensure that both parties involved recognise that they have developed different techniques to resolving disputes through mediation which will be very beneficial in all aspects of work in the future.

It must be remembered that every mediator conducts the mediation process slightly differently depending on the mediator, the parties and the dispute in mediation. However, generally there are some key stages that set out the general structure to the mediation process. A mediator is appointed by both parties who have agreed to his or her appointment, either independently or through their legal advisers. The mediation date is then set by both parties with an agreed neutral place for the mediation to occur. This venue should have at least 3 separate rooms to allow for private discussions for each party to the dispute and one room used for the face to face negotiations between parties if and when it is applicable.

The mediator should receive documentation and a case summary from each of the parties before the mediation takes place. This will enable him to be completely ready for the mediation and able to understand the dispute between the parties. The mediator may also contact the parties or their advisers before mediation to clarify a few points on the case. Mediation is an informal process, but the parties and the mediator have a legal duty to sign the mediation agreement which states the basic rules and procedure applying to the mediation process.

On the day of the mediation, each party will have an initial private meeting with the mediator and then have a joint meeting with both parties and their legal advisers, to allow for each party to share their views and point out the issues that they have. After this, a succession of private and confidential meetings will take place during the day, which will consist of the mediator meeting with each party separately to look into the key issues and completely understand their needs whether it be personal or commercial. As the day progresses, the mediator will encourage the parties to start constructive negotiations.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

One of the main features of mediation is that it’s more cost-effective than filing a legal action and taking that case to court before a judge or jury. In cases where the mediators can enhance the problem-solving skills of all sides and assist them to steer clear of further disagreements or clash of opinions, then that mediator is quite beneficial.

In divorce actions, mediation may be mandatory depending on the rules of the local court. This is oftentimes required for child custody and visitation disputes, so that both parents could converse with a court-appointed mediator and see if they can resolve their problems even before putting their case before a judge. As always, the mediator cannot and should not impose a resolution yet the courts commonly require arguing or disagreeing parties to try mediation first.

However, when one or both sides are denying facts or declining to cooperate, mediation won’t work. A perfect demonstration of this is in reconciling financial matters. If one party is trying to hide resources or money, the other party won’t know it unless they escalate it to court and have their legal representatives painstakingly look into the issue.

One more disadvantage of mediation is when one party is very passive and likely to be bombarded by the other side. They may come up with an agreement yet it may be lopsided to favour the more prominent faction. Other manifestations of a great mediator in this scenario are when he/she ensures that both party’s needs are equally articulated and safeguarded, and when he/she would cease to continue with the mediation if one faction would unjustly take advantage of the other.

An example of this would be a case involving domestic violence. Several professionals believe that mediation is inappropriate here as it may just provide another ground for the abuser to harm the victim once again. Likewise, a physically abused person is almost always unable or would have a huge difficulty in expressing and protecting their own interests, especially in front of the perpetrator himself/herself. Mediation can work in this case if the injured is not highly intimidated by the injurer.

Finally, one prospective downside to this entire process is when no accord is reached, which means the mediation failed. The concern will be escalated to court with all of the expenses and hassles involved, and mediation may have been a waste of time and resources. And this happens quite often in real life, too!

In cases where the mediators can improve the problem-solving skills of both sides and assist them to avoid further arguments or clash of views, then that mediator is pretty decent.

This is the sequel to the last edition’s Update on mediation. It explores family caregiver mediation. Caregiving is a rapidly increasing role for families, but it has been a popular topic of research for years. A critical role found in families does pertain to care and nurturance. The primary caregiver role generally falls first on the spouse, then an adult child, usually the daughter. Love, devotion and loyalty are frequent reasons given by primary caregivers for taking on the responsibility of care. Yet, studies have shown that a greater amount of strain results when the caregiver-recipient bond is strong indicating need for research on family discourse.

Common themes found in the caregiving literature are stress, burden, and most recently, conflict. Family relationships can provoke conflict; even more so in caregiving because family structures are so radically altered by the caregiver role. In the case of caring for Alzheimer’s patients, it’s the demand involved in round-the-clock caregiving which challenges the system and the response. Ultimately, the family’s functioning; its physical, emotional, social, and monetary resources are challenged by caregiving.

As noted in literature on caregiver mediation written by The Center for Social Gerontology in Ann Arbor, Michigan, “demographics illustrate the need for effective solutions for addressing and resolving problems that arise in caregiver situations. According to a recent report by the National Alliance for Caregiving and AARP, nearly one in four families in the U.S. are involved in caring for a friend or relative age 50 or older. Of these 22.4 million families, 41% are also caring for children under 18; almost one-third of the families provide care to two or more relatives or friends, and 64% of the caregivers are employed and trying to balance caregiving with work.

Pressures faced by caregivers easily erupt into disputes with the elder who requires the care or with other family members whom the caregiver may feel are not carrying their fair share of duties or who may disagree with the things the caregiver is doing, including how the elders’ money is being managed or spent. TCSG states, “in our extensive work on these issues, we have seen repeatedly that the pressures and demands of long term caregiving can, and all too frequently does result in two reactions. First, family disputes and conflicts get worse over time with the frail elder person who needs long term care being placed in the middle of the dispute. Second, petitions are filed, often inappropriately, to place the elder under guardianship, usually in the false hope that such court- ordered intervention will enable decisions to be made which will solve what are, in reality, family caregiver disputes; and with guardianship often being used to place the elder in a long term care facility, with the resultant loss of home, autonomy and dignity.

There is little doubt that caregiving is associated with increased family conflict and with heightened concerns and anxieties about neglecting other family members. In a report by Toseland others , “the “paucity” of family interventions to address these conflicts and anxieties is noted. Toseland et al go on to say that when family members are willing to participate, family counseling can be effective in addressing these issues.” TCSG’s literature notes that a largely unexplored alternative to counseling or therapy is mediation.

The Center for Social Gerontology was awarded a federal grant from the Administration on Aging (AoA) and a state grant from the Michigan Department of Community Health (MDCH) for a local and national multi-state family caregiver mediation demonstration project which was implemented last year. Susan Butterwick serves as Directing Attorney for the Caregiver Mediation Project. She states that mediation is not therapy or counseling. It is a one-time intervention to help resolve conflict and facilitate important decision-making in families about the care of an elder person, and it may be the most effective way of solving the dispute that is causing so much concern to the family members at the moment.

Mediation provides a unique tool in such cases for elders, families and caregivers to move beyond impasse into positive decision-making that meets the needs of all parties, while, in many cases, avoiding costly and unnecessary long term care services. Family caregiving mediation, like general mediation, provides a cooperative, non- adversarial setting for families to discuss their concerns in privacy and with confidentiality. The mediator serves as a neutral facilitator who has no connection to the case or situation The mediator does not decide the outcome or determine who is right or wrong; and there is no force on the disputing parties to reach agreement – it is a consensual process in which all parties must agree in order to have an agreement. The mediator listens to the concerns of all the parties and their ideas on how the matter might be resolved, facilitates the conversation, and helps the parties develop and agree upon a workable solution themselves.

Under TCSG’s demonstration project, the mediators have undergone additional specialized training in elderly, family, caregiver, and guardianship issues. Butterwick strongly recommends that mediators who work with this population take additional training in order to better understand the issues a mediator encounters when working with families, caregivers and frail elderly persons. Butterwick says the TCSG three-year demonstration project is now in its second year. To date, several families have been assisted in resolving difficult disputes and have reached decisions in mediation concerning family visitation, living arrangements, home repairs, financial arrangements, caregiver respite, and medical decision-making, care, and guardianship issues.

Karen L. Rice, LNHA, Gerontologist and Mediator is in private practice in Scottsdale, AZ. She serves as contract mediator and faciliator for OhioKePro; the CMS Quality of Care Mediation Initiative, Advisory Board member for SeniorLink of Boston, and internationally, works closely with Canada and the Alzheimer`s Society on education and certification for mediators, the development of the International Elder Mediation International Network, policy and caregiver resources. On the web at mediate.com and is Ask Karen, the Dementia Expert for http://www.Carepathways.com

Karen has contributed to both the caregiving and mediation literature from her 16 years experience in Alzheimer`s research, development, management and conflict resolution. Early in her career, she developed and chaired the first two national special interest groups on Alzheimer`s. Work with physicians, families and staff encouraged her to specialize in Family Caregiver/ Adult Guardianship Mediation. Karen has a Master`s in Sociology of Health and Family; a Master`s Certificate in Gerontology and longterm care administration