MEDIATION

1. MEDIATION THE KEY TO REDUCING THE COST, STRESS AND TIME NECESSARY FOR INTER AND INTRA-ORGANIZATIONAL AND PERSONAL DISPUTES AND LITIGATION PRESENTED AS AN EDUCATIONAL SERVICE BY THE PROFESSIONAL MEDIATORS OF THE INTERNATIONAL ACADEMY OF DISPUTE RESOLUTION (“INADR”)

2. Why Mediation? Any organization, whether a business, educational institution, union, religious institution or other group or individual can become involved in disputes with outside parties, between elements of the same organization, or litigation with outside parties even though it conducts its affairs in the best possible way. Litigation can take years to resolve and can create spiraling costs, terrible demands on management time and personnel and work disruption. All this can be avoided by early resolution and can be handled in a far less expensive manner by use of mediation.

3. We, the mediators of INADR include professional mediators from many disciplines. We have retired judges, attorneys, many of whom are well known, educators and business people. Our resources include mediators from The United States, Europe, the Middle East and Asia. We have many highly reputed mediators with major practices in the field, and we are active in providing mediation of disputes of every stripe. We also provide educational and training programs in alternative dispute resolution, including student mediation competitions, publications and seminars. Our work includes setting up programs to resolve intra-organizational disputes.

4. We mediate cases involving disputes of every kind, including patent cases, family law, employment, school law, personal injury, environmental matters, etc. Clients include major and small companies, individuals, unions, schools and government

5. What is Mediation? Mediation is a form of alternative dispute resolution in which an impartial, independent mediator meets with the parties (and their lawyers if they have retained counsel) to resolve the case. Rather than engage in the formal court procedures, the atmosphere is one of conversation. The parties and lawyers present their views of the dispute; the mediator discusses the positions each side has stated and the merits and problems in their case. Many, if not all, of these discussions happen in separate rooms so that neither side hears everything the other side or the mediator says.

6. The mediator brings impartiality in that he or she is neutral, with no interest in loss or gain by a party. His or her interest is resolution of the dispute in a calm manner. As important, the mediator brings confidentiality. He or she only reveals to an opponent what the party permits to be revealed. Also, if the mediation is not successful, the mediator does not discuss the case with the judge or anyone else. Thus, the trial proceeds as if the mediation had not occurred. This is rare, however, as the vast majority of mediated cases settle.

7. The complexity, expense and time consumption of trial are avoided. Many cases are resolved in a single day or even a few hours. After agreement is reached, the lawyers and the parties draft a binding settlement agreement and the case is over.

8. The Benefits of Mediation During a mediation, the parties and lawyers achieve the following advantages: . The mediator insists on civil discourse so that the discussions proceed in a polite and reasonable manner. The Parties: . Informally communicate their thoughts and concerns. . Identify and clarify misunderstandings. . Acknowledge the opponent’s perspective and consider the merits of the opponent’s position.

9. Present one’s own case to the other side for its consideration. • Determine if there are interests that can be served where both sides win. For example, in some cases parties have agreed to pursue common interests as partners rather than continue the dispute. • Retain good relationships because each side has voluntarily agreed to resolve the dispute. • Since each side has agreed to settle the case, appeals to a higher court are unnecessary. • As a result of all of the above, the cost reduction can be immense. Also, each parties’ time can be spent doing more important things than fighting the case.

10. Who are the Mediators? The INADR mediators are men and women who bring many years of experience to a case. We are lawyers or retired judges with business, trial, or academic experience; professors and other professionals. Most have taken courses in mediation technique and are able to conduct a meeting with an organized, respectful atmosphere pervading the room. We listen very carefully to the substance of what is being said, as well as the emotional undertones. The result is almost always a settlement that each side has agreed is satisfactory. For detailed contact information, please visit our website at www.inadr.org. There, you will see our range of activities and a listing of our members.