My Best Mediation Experience

Minors, Christopher G and Huy D., were charged with vandalism and civil harassment by Arsenio Torres, because they pelted her car with rocks. Torres in retaliation obtained a temporary restraining order against them. In order to resolve the issue at hand, Kristen Rinaker took the position as this case’s mediator. Rinaker is a volunteer mediator affiliated with the Mediation Center of San Joaquin County. The Center provides mediation support services to defendants of the Superior Court of San Joaquin County. Seeks to resolve civil harassment actions through mediation.

The mediation method enlists a neutral third party called a mediator to assist the disputing parties to reach a settlement. Unlike an arbitrator, however, a mediator does not make a decision or an award. The parties in the case of AMF v. Brunswick also could have used this option. However, since mediators cannot decide a dispute, it is more beneficial to use

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

Mediators conduct confidential, private hearings away from a courtroom setting. A meeting room, an office, or hotel conference room are good locations for a mediation. Working independently or for the court, you can set your own hours and work for many other businesses besides the legal services. State and local government, health care, civic organizations, human resources and social assistance are a few industries that hire mediators. Work in your spare time, or make it a full time job of 30 to 40 hours a week with some negotiations requiring longer hours. You will set appointments for all parties to meet. Clarify the issues and needs of everyone involved and outline the mediation process. Conducting interviews with witnesses and all parties concerned, you will gather all the information about the conflict, then promote and guide communications while applying relevant

I am requesting the you view the following mediation website http://www.clarityoverchaos.ca/ and agree to meet in this formalized process to utilize the contained resources and mediate you and I through this dispute.

During the time I spent in mediation I learned that mediation is not a process that you can learn overnight. Since mediation is similar to anything else that is worth learning, one has to be willing to learn the skill in gradual steps. Throughout the semester we discussed topics such the meaning of ADR and what it entails. We also discussed topics such as Civil Practices and Remedies Code at the start of the semester, the decision making stages during the middle of semester, lastly we reenacted the Neighborhood Care Agreement at the end of the semester. Still, In order to fully explain in detail what I learned about mediation this semester understanding the history of ADR in Texas is the best place to begin. At the beginning of our mediation

The couple asked me if I know anyone or a place where they can get help because they still love each other and do not really want a divorce unless it is inevitable and for the purpose of raising their son jointly. I told them that I am a mediator and has been doing mediation since 1984, shared information about some of my works, successes, and also informed them of other resources in PG County. They told me that they will like me to mediate the dispute between both couples. So, I scheduled them to meet with me at my office on March 14, 2016 at 6.00 PM. I am going to name the mediators John and Kelly (which is not their real name) for the purpose of this paper.

Mediation is also a private process, which is important for business owners. Simply being named in a lawsuit can have devastating effects on a business, even if it is cleared of any wrongdoing. Mediation usually takes place in a conference room, away from the public eye. Therefore, no news reporters or curious members of the public will be present.

In this framework, co-mediation is always used. Inclusive mediation supports the participants in having difficult conversations and to guide a problem solving process to develop solutions that meet everyone’s needs with all content decisions made by participants, such as values, issues and feelings. This from of mediation is usually with two mediators. “Mediators check to make sure that the participants feel the reflection is accurate. The mediators attempt to understand each participant, thus making it more possible for them to understand each other. Mediators follow a defined process that includes time for participants to talk about whatever they chose, build clarity as to what is important, identify topics participants want to resolve, identify the goals each participant has for each topic, brainstorm options, consider each of the generated options in terms of which would meet all participants’ goals, and determine areas of agreement, if any (2010).” Inclusive mediators rarely focus or uses the caucuses method in mediation unless they need to check if mediation is a good fit for the conflict. In inclusive mediation the participant is in charge of whether any agreement is reached. Maryland system of mediation is based on inclusive meditation. However, if Maryland system did not only use Inclusive mediation, other frameworks and theories that could be used are Transformative, Facilitative and

Conflicts through communication key concepts that I will outline are common ground and adjudication. Common ground is consists of attitudes, values, behaviors, expectations and goals the parties share and can serve as a basis for an agreement (Cahn & Abigail, 2014, p. 258), and adjudication; which is a neutral judge and jury in the legal system hear attorneys who prosecute of defend people and decide a case, which either party may later appeal. (Cahn & Abigail, 2014, p. 249). Though I did not have to experience these two concepts, however, my father had to experience this during his divorce process from his second marriage. The year was 1989 and I was a senior in high school ready for that final bell, so I could get ready for our final football practice before Friday’s game. Over the class loudspeaker was the principal excused himself to

The task of creating a Mediation venue on the UNTD campus, has met with some resistance, not intention, but resistance just the same. In order for the venue to be set up on campus, the Provost of the Human Services Department, Dr. Lacy and Professor La Crisia Gilbert, also if the venue receives any type of federal funding, the CFO’s office has to been involved to regulate the funds. Professor La Crisia Gilbert, will be our faculty advisor, and students will run the venue.

Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.

You will need two people to complete this exercise. You will be attempting to tell each other a specific story via telepathy. To complete this exercise, you will need a partner. You will each take turns as “receiver” and as “sender”. After a brief mediation, you may begin the exercise.

If you have never been involved in real estate or business mediation, there are a few things that you need to know. First of all, mediation is confidential. Everything that is discussed and documents prepared specifically for the mediation are not used outside of the mediation process. They are not used in any portion of any ensuing trial or litigation. The confidentiality of mediation is in place to ensure that parties and attorneys can freely discuss facts and issues openly without the fear that comes they consider the harm their words could inflict on their case outside of the mediation process. This allows the parties to speak openly which is the entire reason that mediation can be successful in leading parties towards solutions and settlement agreements.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.