Comments: What is Mediation?

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Fadhy , Dar Es Salaam   01/11/12
I'm pursuing Industrial Relations. This article has been of very great helpfulness to me.

oluwole , Kano     02/20/11
this article is short in volume but the quality of the content meets my research...

jaba , Dar Es Salaam   06/07/09
so useful
Am currently doing a course on A.D.R at the University of Dar Es Salaam, to be frank, i have found this article quite useful! Thanks, keep it up!

jaba , Dar Es Salaam     06/07/09
so useful
Am currently doing a course on A.D.R at the University of Dar Es Salaam, to be frank, i have found this article quite useful! Thanks, keep it up!

jaba , Dar Es Salaam     06/07/09
so useful
Am currently doing a course on A.D.R at the University of Dar Es Salaam, to be frank, i have found this article quite useful! Thanks, keep it up!

bonita , tyler tx   12/08/07
participant to a court ordered mediation
I had been a participant to a court ordered mediation, i was very much frustrated since my expectation was not fulfilled. It was my expectation that i could meet the other party face to face on the bargaining table, however it was the other way around the mediator conducted the bargaining session separately on a closed door session. All parties should have been on the bargaining table. I consider it biased mediation,since i should have seen and heard the bargaining in figures of the other party. Do you think it was a mediation? well, the end result was an impasse as i absolutely disagreed since the bargaining in figures was not transparent.

Monica , Ogden UT   04/18/07
This is not what I had expected
The Office Administrator that I had explained my situation to told me she would contact the other party involved re: mediation that same day and would call me back letting me know where things were at. Two weeks later during a heated conversation the other party informed me that he had spoken with this office person several times. I called the Office administrator/Case manager the next morning to see why there had been several conversations with the other party and I haven't heard anything. In that 20 min conversation I was told they do not get back to me unless the other party agreed even though I had requested for her to call me and tell me where things stood after contacting him. I had also explained to her that due to the high level of conflict and the effect its having on our kids I do not know who is right or wrong anymore. I was told that because the other party had concerns of the cost, he expected me to send an email with what I wanted, she stated "he has a right to be worried about the money", she had also informed me that "I can't control the other party by telling him what to do" when I tried to explain my feelings about this and why. She then instructed me to email the other party my expectations telling me how I needed to watch my wording. My purpose was to establish a co-parenting plan, everything she instructed me to do had been done several times. When I contacted this office and spoke with this person I explained all I wanted was for the other party to tell me what his day to day involvement would be to eliminate me expecting anything more and for it to be in writing. I have decided againts mediation to establish a co-parenting plan. I obviously was mistaken on what mediation was about.

Benjamin , Okemos MI     04/16/07
Thank you for the excellent overview of mediation services. Sincerely, Ben

Margaret , Rathdrum ID     03/30/06
Mediation and Mediators
Can you break the rule of confidentially If you have attended a mediation session where the mediator lied to you, misquoted law, insisted you sign an agreement you did not understand fully or want to sign and refuse to let you leave the session until you signed it? Any information you can give me would be appreciated. Maggie

Jim    08/19/04
Confidentiality and Privacy More Complex These Days
The issues of privacy of agreements and confidentiality relative to admissibility as evidence have become meaningfully more complex with the ever more active use of mediation and with the legalization of mediation. A review of the Uniform Mediation Act quickly convinces one of this. There is some hope that courts will act to reestablish some of this privacy. See reports on the Rojas case at The bottom line here, I believe, is that it is more valuable than ever for participants in mediation to early contemplate both their work product and the nature of their discussions and the extent to which they desire matters to be public or not and for what purposes. You are correct that any blanket concept of absolute confidentiality seems gone, but we can still take the initiative and try to be explicit about our intentions and thoughtful about arranging things so that our desires are met.

Thom Bouis, Rockwall TX   08/18/04
What is mediation?
Regarding the prior question of if a mediator is present at a contract negotiation is that mediator required to report the negotiated outcome in some manner? One of the highly desirable advantages of mediation is that it is private, that is, generally there is no public record and confidentiality or a non-disclosure requirement is often a part of the total agreement between the parties. One exception would be the very limited summary descriptions or outcome agreements, if any, resulting from Court ordered mediation, which upon submission to the Judge, would be entered into the public records of that Court. Forcing a confidential mediated agreement that perhaps years later becomes the subject of unforseen litigation or a criminal prosecution into the public record of a Court is of no great challenge to a competent attorney once the existence of such an agreement has been disclosed.

elle     03/12/04
medation report
I have a general question maybe someone can help me with. If a mediator is present at a contract matter how the negotiation goes...good ..bad or otherwise....does he need to file some type of report or brief or something with somebody to state how the negotiations went?? Does that vary by state? I'm in PA. thanks elle

Jim Melamed, Eugene OR     03/03/04
I must confess that this original drafting was mine - Jim Melamed, CEO of

Dawn , International   03/03/04
Who, specifically, is the author of this article? I like it, but who wrote it and what is their experience and background?

John  Helie, Berkeley CA   03/01/04
Rights in Mediation
The rights you have in mediation are explained in the "Key Elements" portion of the article. The over-arching right is captured in this Element. "You have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you." and further strengthened by this Element: "You can leave at any time for any reason, or no reason." If those two elements don't apply it might not be mediation.

judy    03/01/04
I would like to know my rights.

Mike  , La Jolla CA   02/25/04
Comment on your article
two of us in the office read your article and think it is excellent...thanks, mike and joe

John  Helie, Berkeley, CA     02/25/04
Here is an interesting review of the Internets attempts to define mediation. This is a Google search on "define: Mediation" .