Mediation And The Mediation

2019 Words9 Pages
2. Features of Mediation The nature of the mediation will be relevant to states, including enforcement, confidentiality, and who should serve as a mediator. Parties can enforce mediation through a couple different methods. First, parties currently in litigation can enforce mediation with a stipulated settlement approved by the Supreme Court. For example, in the Republican River mediation, the Supreme Court approved the mediated settlement between the parties, making it binding law. Second, mediation can lead to a memorandum of understanding between the parties. In the Lake Michigan mediation, the states agreed to a memorandum and agreed to seek enforcement by the Supreme Court if needed. Finally, states can agree to a new…show more content…
States, though, may need to balance their desire for confidentiality with the public’s interest in the water dispute, which is often significant. States also have had to tackle concerns about the media. For example, in one mediation, the parties agreed to not criticize each other in the press during and after the mediation to avoid concerns that the media would disrupt the process. Importantly, such discussions lead to an early success in the mediation that allowed the parties to begin building their relationship. Confidentiality provisions can help bring states to the table and encourage them to stay committed to the process. A range of individuals and officials can serve as mediators in interstate water disputes. First, states can employ professional mediators and have done so in the past. For example, both the 1995 and 2003 Republican River mediation used professional mediators, trained in water law. Officials from the federal government can also serve in a similar role. In the Tri-State dispute, the states asked the secretary of interior to act as a mediator. Other officials can also play the role of mediator. For example, in the Arkansas River mediation, the states appointed a former attorney general of Montana as mediator because both states’ attorneys general had a relationship and history with him. Officials acting as mediators may be problematic because such officials
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