Alternative Dispute Resolution ADR FAQ - Frequently Asked Questions:
During The Mediation, What Does The Mediator(s) Do
Traditionally mediation is conduct by a
singlemediator.However, co-mediation or a panel of three mediators is
becoming commonplace. Co-mediation and panel mediation allows each
party to select a mediator instead of mutually agreeing on a single one.
At the Initial Session:
- Assess whether and how to intervene with the Parties
- Creates a comfortable environment for communication
- Invites parties to participate, to share their thoughts and
concerns
- Establishes the purpose, structure and guidelines of
mediation with the parties
Throughout the Session:
- Helps each party to feel heard, respected and acknowledged
- Identifies key issues that parties need to address and
interests influencing issues
- Outlines the issues and interests so they can be visually
seen
- Continues to create an ambiance of safety and dignity
- Helps keep the process focused and forward moving
- Manages emotions and communication styles
- Deals with unproductive power dynamics and egos
- Encourages risk taking
- Facilitates an effective negotiation process
- Sorts out personal and emotional impasses and position
obstacles
During the Resolution Process:
- Encourages creativity and out-of-the-box ideas
- Helps parties brainstorm solutions with each other
- Helps each party think through their options
- Establishes vocabulary words of potential agreements
- Discuss how agreed resolutions can be implemented
- Drafts a Resolution Agreement to be reviewed
- Finalizes Resolution Agreement in writing signed both
parties
During The Mediation, What Does The Mediator(s) Do
ADR Questions at a glance
- Why Do We Have Disagreements, Disputes and Conflicts?
- What Is The Difference Between A Position And An Interest?
- What Is Difference Between A Disagreement, Complaint, Dispute And A Conflict?
- How Do You Resolve A Disagreement?
- Is There A ‘Best Practice’ Approach In Resolving Disagreements?
- What Is Alternative Dispute Resolution, known as ADR?
- What Are The Advantages Of Alternative Dispute Resolution?
- What Are The Types Of Alternative Dispute Resolution?
- What is difference ‘Alternative Dispute Resolution’ And ‘Conflict Resolution’?
- I’ve Heard That In ‘Alternative Dispute Resolution’ A Neutral Third Party Is Involved?
- How Do I Decide When To Used ‘Alternative Dispute Resolution’?
- How Do I Start The ‘Alternative Dispute Resolution’ Process?
- How Do The Parties And The Mediator Work Together?
- During The Mediation, What Does The Mediator(s)Do?
- How Long Does Mediation Take?
- Why Use Mediation If We Are Unable To Agree?
- Do I Need To Hire A Lawyer To Mediate?
- If I Don’t Bring A Lawyer Can I Bring Someone To Help Assist Me?
- Is Mediation Legally Binding?
- If I Use Mediation, Will I Need To Go To Court?
- Must An Agreement Be Reached In Mediation?
- Can A Mediator Be A Witness Or Talk To The Judge?
- What Should I Know About A Mediator Before Choosing One?
- What Are The Advantages Of Mediation Over Litigation?
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