How Mediation Works
Duration: 66 minutes
Mediation is a process wherein a neutral third party assists the parties of a dispute in arriving at a solution that is acceptable to all. As the most common form of alternative dispute resolution, mediation is a useful tool to avoid the high expense of going to trial, and is appropriate in any situation in which the parties want to settle their dispute. But how exactly does this process work? In this course, Bobby Harges (law professor at Loyola University), Paul Breaux (chair of Louisiana State Bar’s alternative dispute resolution section), Judge John Coselli (mediator, arbitrator, and district court judge in Texas), Trey Bergman (president of Bergman ADR Group in Houston, Texas), and Tamara Fackrell (master mediator and primary trainer for the state of Utah) talk about the hows and whys of mediation.
These presenters discuss what mediation is and when it is the right solution, how parties prepare for mediation, when to mediate, the role of physical environment in successful mediation, the basic process of mediation, the mediator’s opening statement, the joint session, dealing with emotion during mediation, the caucus, impasses and how to avoid or break them, and the mediation agreement.
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