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NAR Model of Mediation Lynn P. Cohn

NAR Model of Mediation Lynn P. Cohn. Model Intended. To be used as guidelines for an effective mediation program. Model Not Intended As. Rules Policy Code. Mediation Is Voluntary. Parties control the outcome. Mediation Is Confidential.

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NAR Model of Mediation Lynn P. Cohn

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  1. NAR Model of Mediation Lynn P. Cohn

  2. Model Intended . . . To be used as guidelines for an effective mediation program

  3. Model Not Intended As. . . • Rules • Policy • Code

  4. Mediation Is Voluntary Parties control the outcome.

  5. Mediation Is Confidential • It covers all statements, discussions, communications, and documents exchanged • No reporting potential ethical violations that might be discovered as a result of participation in mediation • Mediation officer shall not testify • Mediation officer’s notes are destroyed

  6. Attorneys • Their presence is not required • They may attend • Notice of their attendance is required

  7. Witnesses • Their presence is discouraged • They have a limited role • Alternatives

  8. Documentation • Might be helpful • Exhibits are unnecessary • Appropriate role in the process

  9. Mediation Officer’s Role • Facilitates communication • Reveals interests of parties • Explores alternatives

  10. Mediation Officer’s Approach • Facilitative approach encouraged • Evaluation in appropriate circumstances • May not impose solutions

  11. Mediation Officer’s Obligations • Disclose conflicts of interest • Abide by confidentiality • Complete paperwork in a timely manner

  12. Initiating Mediation Option 2: Offer parties mediation before arbitrability is determined Option 1: Offer parties mediation if matter is deemed arbitrable In the future . . . Parties request mediation prior to requesting arbitration

  13. Assigning a Mediation Officer • Random rotation • Mutual request • Objection, attempt to reassign

  14. Letter At least 10 days before session Explain process Discuss logistics Include agreement to mediate Call If there are pre-mediation concerns Staff or mediation officer One or both parties Pre-mediation Tasks

  15. Stages of Mediation Process • Arrange the room • Position mediation officer at center of table • Mediation officer makes opening statement • Process • Voluntariness • Confidentiality • Sign mediation agreement

  16. Stages of Mediation Process • Parties’ give statements/questions • Identify issues • Cross-talk • Caucus • Build an agreement • Close

  17. Writing the Agreement • Reduce agreement to written form during session • Agreement should: • include terms acceptable to all • detail specifics • be written in simple,clear, and familiar language • Focus on positive action

  18. Ethical Issues • The mediator shall disclose real and/or potential conflicts of interest • No weapons • Risk of harm

  19. Ethical Issues • Bad Faith Includes • Falsifying and/or withholding key information • Using mediation process solely to gain advantage Excludes • Failing to reach agreement/compromise • Assume parties are acting in good faith.

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