1 / 14

MEDIATION: A TOOL FOR RESOLUTION AND REVENUE

MEDIATION: A TOOL FOR RESOLUTION AND REVENUE. Christine A. Derdarian, J.D. Disputes in State Government. Filing litigation on behalf of state agencies Defending state agencies against litigation Frame of reference always win/loss Litigation perpetuates win/loss mentality

andrew
Download Presentation

MEDIATION: A TOOL FOR RESOLUTION AND REVENUE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MEDIATION: A TOOL FOR RESOLUTION AND REVENUE Christine A. Derdarian, J.D.

  2. Disputes in State Government • Filing litigation on behalf of state agencies • Defending state agencies against litigation • Frame of reference always win/loss • Litigation perpetuates win/loss mentality • Winning cases sometimes costs more • Concerns of state agencies -Ballooning workloads -Less staff -Smaller budgets

  3. Mediation-The Advantages • Confidential, private, voluntary process used to resolve disputes • Parties retain control • Full opportunity to express concerns • Higher level of compliance • Each party is required to listen to the other • Faster and less expensive than litigation • Reduces effects of power differentials and advocates’ skills

  4. Mediation-The Disadvantages • No precedents created • No guarantee of resolution

  5. Who Benefits From Mediation • The Courts • Government Agencies • Companies • Professionals/Clients • Individuals • Families • Employers/Employees • Everyone

  6. Mediation in Your Agency • Workload/loss of control • Mandate to collect property taxes • Revenue critical to the locale • Efficient government earns respect and compliance • Savings in money • Savings in time • Creates trust and cooperation • Eliminates need for administrative hearings • Brings in revenue • Replaces win/lose model with win/win model • Creates mutuality in problem solving • Recognized by many state jurisdictions and legal institutions

  7. Mediation Protocol • Decide upon a uniform system of mediation • Refine notice procedures to taxpayers indicating availability/requirement for mediation • Know factual and legal issues • Know your bottom line • Bring in outside mediator to ensure neutrality and control of mediation environment • Understand litigation is always an option • Have policy on press relations • Expect the unexpected

  8. Phases of Mediation-The Beginning • Decide seating arrangement • Introductions • Rules of engagement -Confidentiality/Signed Agreement -Neutrality of mediator -Informality of the process -Ground rules for conduct -Voluntary participation -Note taking -Full disclosure -Mediator is not a judge or trier of fact and law -Authority to enter an agreement -Caucas -Agreement as an enforceable contract

  9. Phases of Mediation-The Middle • Who’s on first • Information sharing • Framing the issues • Facilitating discussions • Caucas with parties separately

  10. Phases of Mediation-The End • Parties own the agreement • Keep language simple • Put it in writing • Make certain all points are covered

  11. What the Future Holds • Pending legislation • Implementation • New opportunity to streamline work • New opportunity to achieve compliance • New opportunity to bring in revenue

  12. Resources • Michigan State Bar-ADR Section • County mediation programs • County bar associations • Private mediators • Reference links

  13. Conclusions • Daunting challenges • Mediation is the wave of the future • Change in mindset is worth the effort

  14. The End

More Related