Mediation
Is mediation voluntary?
YES!!!!!!
What is arbitration most commonly used in?
Contract and labor management disputes
How can negotiation range from person to person?
It can be used to settle disagreements ranging from minor disputes between siblings to multi-billion dollar lawsuits between large corporations
What are the 3 most common ways of alternative dispute resolutions?
Mediation, arbitration, and negotiation
Why do people use mediation?
It's a common way to resolve disputes between husbands and wives, landlords and tenants, and consumers and businesses.
What is the most effective agreement?
Written agreements
Is arbitration non-binding in most instances?
No, arbitration usually calls for legal binding
What is negotiation?
The disputing parties talk to each other about their problem and try to reach a solution that is acceptable to them.
Can mediators provide legal advice?
He or she cannot provide any legal advice
Describe a mediator
person not involved in the dispute helps the disputing parties talk about their problems and settle differences
When are parties not required to follow the final decision?
If it is “nonbinding arbitration”, the parties are not
“bound” and hence do NOT have to follow
the final decision
What are agreements?
Focus on the future, compromise, come to terms
Are mediation sessions confidential?
Texas law makes mediation sessions confidential unless both parties agree otherwise
How does a arbitrator differ from a judge?
The arbitrator is like a judge, but the process is LESS formal than a trial
What does the mediator verify in the introduction?
Mediator will verify that the parties agree to mediate in good faith, meaning that each party is there to listen with an open mind and is not held to a fixed position.
Who makes the final decision? Do the parties have to agree?
The arbitrator makes the final decision, no they do not have to agree if the agreement is non-binding
What is the most important step in negotiation?
Can mediation help find solutions that are not in the court system?
Allows parties to come up with creative solutions that are not available through the court system
Do schools teach mediation? How?
Yes they teach mediation, it's through disputes between students at school
What does the agreement address?
The agreement addresses what will happen if one of the parties does not follow through on its promises in the agreement
Domestic Arbitration
What is the first question you ask the disputant?
What is their view of the problem?
What medications offer free programs?
American Bar Association, Harris County Dispute Resolution Center
Name all the steps of mediation
Introduction, Tell the story, Identify positions and interests, Identify alternatives, Revise and discuss solution, Reach an agreement