Mediation
Understanding Business and Personal Law
Glencoe; 10th Edition (1998);
Chapter 12 p157 & p 161
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Case Study regarding agreements that must be in
writing |
| Joyce Hiro orally agreed to buy some land from Noyes Hanscome for $40,000. She gave Hanscome a check for $3,500 and wrote on the back of the check, “Deposit on property at 19 Sylvan St. Total price $40,000.” Hanscome signed the back of the check and put it in his bank account. He later demanded $60,000 for the land. The court held that the contract was enforceable, since the words on the check satisfied the requirements of a written agreement. |
Discussion of Mediation |
| Mediation is an informal process for resolving disputers. This process
is used in a variety of situations, such as marriage or family disputes,
minor criminal complaints, and business disputes. It is an effective
means of achieving workable solutions using mutual agreement instead
of judgment by an outside party. A neutral third party, called a mediator, is an important part of the mediation process. The mediator, who may be a law professional or trained volunteer, does not have the power to impose judgment. The mediator’s primary goal is to guide the disputing parties to an agreement. The mediator must be good communicator and must be able to control an emotional situation. Creating an atmosphere of trust is important; the mediator must show concern in a consistent, impartial manner. The mediation process follows a definite order: (1) the mediator explains the mediation process to the disputing parties and their attorneys, if present; (2) the mediator sets guidelines and answers questions about the mediation process; (3) the disputing parties present their views of the issues; (4) the mediator restates the facts in concise, neutral, unemotional terms; (5) the disputing parties use cooperative problem-solving techniques to consider and evaluate realistic alternatives for resolution; (6) the disputing parties agree on a resolution; (7) the mediator summarizes the agreement and verifies that it is understood by all parties. After the process is completed, the mediator reviews the agreement to made sure it is specific and practical. The agreement is then put in writing, often in a cooperative effort between the mediator and the parties or their attorneys. What is the mediator’s role in the mediation process? What order does the mediation process follow? |
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