TBD | Item 5.1 | ADR Handbook

5.1 | DESCRIPTION OF MEDIATION AND ITS PROCESS

Mediation, as defined in proposed Local Rule 16.2-1 and as further detailed herein, is a flexible, non-binding, confidential process in which a qualified Neutral, the Mediator, facilitates resolution of the issues between the parties and assists with settlement discussions. Through various methods and techniques, the Mediator seeks

to improve communication between the participants (parties, counsel, experts or whoever is included in the mediation);

helps participants articulate their interests;

helps participants understand the interests of the other participants, including their “opponent;”

probes the strengths and weaknesses of each party’s legal positions; and

helps generate and define options for a mutually agreeable resolution.

The Mediator may engage in “reality checking,” but will not give an overall evaluation of the case unless requested by all the parties. The Mediator has no fact-finding or decision-making authority. The central tenet of mediation is that the parties find their own solutions, with the assistance of the Mediator. A hallmark of mediation is its capacity to go beyond traditional settlement discussions and explore creative outcomes responsive to the participants’ needs and interests.

Congratulations! You're now booked up on Item 5.1 of USNYWD's ADR Handbook!
You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

	Download
	FCHR 101: How it Works
	Audio: Drop the Steal
	Video: A Judge's Perjury
	A Judge's Perjury
	How-To: Disqualification
	Warning: FCHR Bribery
	Warning: FCHR Corruption
	Warning: FCHR Discrimination
	Warning: FCHR Obstructions

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