Sample Essay on:
ADR: Mediation

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Essay / Research Paper Abstract

This 3 page paper discusses the mediation process, which is part of the Alternative Dispute Resolution structure. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: D0_HVADRMed.rtf

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Unformatted sample text from the term paper:

cases. This paper describes the concept of mediation, the steps in the process, the concept of neutrality and ethical rules for mediators. Discussion The mediation process itself varies depending on what jurisdiction or agency we look at. All of them, however, describe a process that has multiple steps, many of which are very detailed. This one is from the Veterans Administration. The first step is the introduction, in which the parties introduce themselves, the Mediation Agreement is explained and signed; the process is described (no note-taking or interruptions; "Complainant speaks first, then Respondent"); then the fact that there is no lawyer is discussed; finally the objective of the mediation is reinforced, so that all participants understand the aim is resolution, not investigation or fact finding (The mediation process, 2004). In Step 2, the complainant "gives account of the circumstances which lead to the filing of the complaint"; at this point the mediator is not to ask what the complainant wants (The mediation process, 2004). In Step 3, the respondent gives its side; and in Step 4, the mediator asks both sides to "define the issues" so that everyone understands clearly what the mediation is trying to accomplish (The mediation process, 2004). Step 5 is a caucus between mediators in which findings are examined and options for settlement considered (The mediation process, 2004). It is at this point that the mediators "map out" their strategy for Step 6, which are the private sessions, and the most important part of the process (The mediation process, 2004). In Step 6, the mediator will hold "private, confidential session with Complainant" with the idea of building trust and asking if they have anything further to add; this is the point at which the mediator summarizes his understand of the proceedings thus far (The mediation ...

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