Jasmine , St. Thomas VI 02/27/10
Mediation can stink, Part II (1 correction made .)
I'd like to make one revision and annotation to my earlier submission:
Overtime should read "overtime".
In mediation/arbitration hearings, there is nothing such as "overtime", as proven here by JANE'S COMMENTS. Continuance is always a right of, and available to, either party feeling the need for it. Even if your atty. or other rep. tries to tell you that it's not necessary, STILL DEMAND IT if your gut feeling says to do so.
Jasmine , St. Thomas VI 02/27/10
Mediation can stink.
In these 2 instances, mediation stunk for my friend and I. In my case, the mediator showed bias, lack of neutrality, and poor interpretation of the law. He made comments which revealed exparte communications were had with him and my opponents. Also, when I held the session in overtime, he showed anger. My atty. failed me too, because when I showed reluctance and offered not to sign an agreement, he remained silent..offered me no advice. During times the mediator was not in room with us, rather than seizing the moment for stratigizing, etc., my atty. talked of "the beautiful weather" instead. As for my friend, her (arbitration) case was riddled with imnormailties. The hearing went unrecorded and it turned out that her settlement was forged by her reps. (which did not want her to win in the first place-- conflicts of interest appearing). Through investigation, it was revealed that the arbitrator did not rule against her. In both cases, it appears that conflict of interest played a disturbing and unfortunate role. Because mediation hearings are never recorded, evidence is hard to produce, and so the aggrieved can be easily toyed with. Since the results of arbitration is final & binding, unlike the results of mediation, I believe it is MEDIATION hearings that should be recorded. Lastly, although "less costly and less time consumming" is the promise, as long as mediation is not transparent and not ran clean, ethically and professionally, it will never make up for the joys in victorious litigation.
kaarina , Windhoek Na 06/22/09
I like what mediators do.
The characteristics of a mediator makes me fall in love with them and this makes me want to become a mediator one day.I also want to encourage mediator out there not to be bias, because by that way they will make people not to like them and lose trust in any other mediators out there,
Im a students at the University of Namibia doing Alternative Dispute Resolution, and i love the course,
kaarina , -22.000000 na 06/22/09
I like what medistor do.
The characteristics of a mediator makes me fall in love with them.I also want to encourage mediator out there not to be bias, because by that way they will make people not to like them and lose trust in any other mediators out there,
Im a students at the University of Namibia doing Alternative Dispute Resolution, and i love the course,
Jane , CT 04/02/08
I spent an enormous amount of money on mediation that went into years. My mediator could only provide us with 2 at the most visits per month and charged enormous fees. He submitted drafts of an agreement with many incomplete areas and billed us for additions. 18 visits later I am broke and still do not have a divorce. He was a crook and I want to know how I can report him. I am now finding out many others have experienced this as well.
Marien 10/04/05
Para ser mediador se requiere convencimiento sobre el rol que se va a cumplir. No ser un asesor para alguna de las partes en particular, no le impide ofrecer orientacion a las dos personas sobre situaciones de orden legal que ellas deban conocer antes de tomar una decision.
Joe , Los Angeles CA 10/25/04
What Does a Mediator DO?
Its voluntary, you can withdraw at any time, decisions may not even be binding.....but it often works. It works because in general people like to avoid conflict, and if parties participate without being forced (in contrast to mandatory court mediation) most cases are resolved (or what is missed in statistics but at least as important, settle shortly after because of the mediation).
mark d. cunningham , ROWLETT TE mark.cunningham@comcast.net 02/22/04
what is mediation?
Mediation is very similar to another new profession called personal coaching. Although not certified counselors or psycologist coaches learn to ask the right questions some disturbing in nature in order to allow the client to reach his or her own conclusions. A successful mediator too must learn to ask good quality disturbing questions. That is, questions that can get the clients to move in the right direction.
Larry , Denver CO 06/12/03
That's One Variety of Mediation ... Only
What Mr. Ahrens says is true, but surely (hopefully) only for some mediators or for some mediation cases. With lawyers in tow, it may sometimes, maybe even often, look something like his description.
With parties self-referring, I would hope our community agrees, it often looks quite different, and with the focus on facilitating the parties' own solutions and with much less emphasis on a "litigation reality check prodding" style.
Do others not agree? And before discounting my view (and IF it should matter), I am an attorney by background, with 10 years working only as a divorce mediator.
Jeff Carr, Akron OH csi92@aol.com 01/06/03
Mediation
As mediation continues to expand in its usage, it is becoming the primary means to resolve disputes in areas such as parenting agreements and civil small claims. As it continues to grow, it is becoming not just another alternative, but the preferred means, and the first step in resolving disputes, as parties realize that mediation costs less, solves their dispute in less time, and provides a higher satisfaction level with the result.
Geoff Sharp, Wellington,New Zealand mediate@geoffsharp.co.nz 03/13/02
Great article, down here that qualifies as taking the p--s so I am circulating it to my lawyer clients