Family Feuds
Jane and John are at their mediation session. They keep going off at each other, using foul language and aggressive manner. The mediator is sitting back, hoping they calm down on their own.
What is Balanced Process?
Rule 10.410
Dan the Mediator is overseeing a debt collection mediation, but rather than guiding the process, he lets the parties dictate the session, after all, the creditor is a well-established bank. The conversation derails, with one party dominating, and Dan barely steps in, allowing the session to lose structure.
What is Mediator’s Responsibility to the Mediation Process?
Rule 10.400
Dan the Mediator scheduled John and Mary for a 30-minute mediation to address all issues pending in their landlord/tenant lawsuit including 6-month backpay of rent, a pending eviction notice, and request for multiple repairs.
What is Scheduling Mediation?
Rule 10.430
In a mediation involving a debt collection dispute, Dan the Mediator successfully facilitates a resolution between a creditor and a debtor who owes $5,000. After the parties agree on a payment plan, Dan gets so caught up in the celebration that he forgets to properly document the agreed terms. When the debtor later misses a payment, confusion arises, and the creditor claims the agreement was never formalized, leading to a return to court to resolve the issue.
What is Closure under Conduct of Mediation?
Rule 10.420(c)
Dan the Mediator has rescheduled a mediation two months after the date which it was originally set. The case was brought to mediation because two siblings, Bob and Rob, want sole possession of a highly valued, highly loved recipe book that their deceased mother has been curating for the past 40 years. Both siblings are well known chefs who wish to utilize the recipe book immediately in their own respective restaurants.
What is Scheduling Mediation?
Rule 10.430
As the mediation progresses, Dan the Mediator notices that one party is getting increasingly frustrated. Instead of addressing their concerns, he keeps pushing the agenda forward, insisting they stick to the timeline he set due to multiple mediations programed for the same day. This only adds to the tension in the room, leading to an impasse.
What is Scheduling Mediation?
Rule 10.430
During a meditation involving a tenant’s lawsuit against their landlord, the tenant expressed frustration over the landlord’s lack of response to requests for maintenance involving the A/C. Dan the Mediator shook his head in agreement with the tenant and stated, “I completely understand, I had the same problem with my landlord last year during the summer when my A/C wasn't working.”
What is Balanced Process?
Rule 10.410
During a mediation session regarding a fence dispute, Dan the Mediator begins with his opening statement. However, he fails to explain the significance of confidentiality and his role as a neutral facilitator. This results in one party mistakenly believing that Dan has the authority to make decisions on their behalf. Instead of addressing the fence issue, the discussion turns into a heated argument about whose dog barks the loudest. Meanwhile, Dan is getting really anxious, regretting that he didn’t clarify the process more thoroughly from the outset.
What is Conduct of Mediation?
Rule 10.420(a)
Dan the Mediator is conducting a session between a recently divorced couple, Clare and Gale. The parties are attempting to dispute how to distribute some of their assets, with a focus point being put on a 2013 Corvette ZR1, with a value of over $100,000. While Clare is willing to settle for half the liquidated value of the car, Gale is not budging and won’t give her a cent. Dan the Mediator aggressively sighs, looks at Clare and says “Listen, the car is his, you women wouldn't understand the connection we have with our cars anyway.”
What is Conduct of Mediation?
Rule 10.420(a)
Dan, a seasoned mediator, has always held a favorable view of Reliable Trust, a bank he often praises. When he discovers that Reliable Trust is a plaintiff in a debt collection case, he begins making subtle references to his expertise with financial cases in his conversations with court staff. He also shares anecdotes about his positive experiences with the bank in discussions with other attorneys involved.
What is Improper Influence?
Rule 10.530
At the beginning of a landlord/tenant mediation, the landlord, a tall, heavyset man, keeps eyeing the tenant, a small, older woman, in what appears to be an effort to intimidate the woman. Dan the Mediator notices this exchange but decides to proceed with opening statements in which the landlord makes takes threatening remarks toward the tenant. Even after noticing the woman’s fearful body language, Dan the Mediator just tells the landlord to calm down but continues on with the mediation because he does not want a continuance.
What is Adjournment or Termination under Conduct of Mediation?
Rule 10.420(b)(5)
Ready to begin a new mediation session, Dan the Mediator welcomes the parties into the room, asks them to introduce themselves, explain what happened and what they need to resolve.
What is Mediator Responsibility to Mediation Process?
Rule 10.400
The twins, Willie and Millie, brought a dispute to mediation in regard to their dog Filly. They adopted the chihuahua together several years back and now that they are both moving out of their parents’ house, they wish to resolve time sharing schedule for Filly. Dan the Mediator conducts their mediation session and helps them agree to a 50/50 time sharing schedule. Willie and Millie walk out of their mediation session happily knowing Filly isn’t losing parent.
What is Conduct of Mediation?
Rule 10.420(c)
During a heated debt collection mediation, Dan the Mediator notices that the creditor is becoming increasingly aggressive, waving their arms and raising their voice as they demand payment for an overdue account. As the tension escalates, the debtor appears visibly distressed and even steps back, clearly feeling threatened. Instead of recognizing the signs that things are getting out of control, Dan pushes on with the discussion, thinking it’s just a part of the process. This approach only fuels the hostility, and the situation escalates to the point where Dan realizes that someone might get hurt. At that moment, he finally decides to stop the mediation session, acknowledging that the emotional strain has made it unsafe to continue.
What is Adjournment or Termination under Conduct of Mediation?
Rule 10.420(b)
After a successful 1-hour mediation, the parties settled all of their pending issues and Dan the Mediator ended the mediation. After the parties left, Dan the Mediator realized he forgot to memorialize the terms of the agreement in writing and did not get the parties’ signatures.
What is Closure under Conduct of Mediation?
Rule 10.420(c)
During the opening statements, Dan the Mediator notices that one of the parties appears inebriated and is giving off a stench of alcohol but decides to continue with the mediation in hopes that the inebriated party will be more agreeable to negotiating.
What is Adjournment or Termination under Conduct of Mediation?
Rule 10.420(b)