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ATBIT Enterprise Mediation

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by

Deborah C. Breeden

on 18 June 2014

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Transcript of ATBIT Enterprise Mediation

ATBIT Enterprise Mediation
Neutrality
Mediators are required to disclose possible conflicts of interest before engaging in mediation sessions.

What matters is the extent to which the mediator's opinions dictate the course of the mediation, not whether the mediator has opinions. And that is a matter of establishing an appropriate climate.
Cris Currie http://www.mediate.com/articles/dearborn.cfm

The description of impartiality informs mediation clients and the mediator of a distinct way of ‘being’ and functioning while engaged in a negotiation effort.
Susan Dearborn http://www.mediate.com/articles/dearborn.cfm
Family Mediation in the U.K.
Simple, Direct, Effective
Conflict Resolution / Australia
"Where help actually becomes useful, when it listens ... and sometimes, just the act of listening can help immensely." Amanda Palmer 1/16/14 www.womenforone.com
When to consider using Mediation
When important business, personal, workplace, neighborhood, community or family matters must be resolved.

When seeking timely, sustainable, and cost effective solutions.

When complex decisions affecting many stakeholders must be made such as,
Divorce, Parenting, Asset Allocation, Employment, Foreclosures, Debt Relief and Dependency.

Ever feel this way?
Benefits of mediation result primarily from the efforts of each party and secondarily from the influence of the mediator.
Get the best results! Decide to attend mediation with an open mind. Remind yourself that there are many perspectives and many possible solutions that may have never occurred to you.
Respect the mediation process. Turning the focus toward important issues and respecting feelings opens the door to practical agreements.
Focus on interests rather than positions.
“Positions” are all of the reasons that someone thinks will prove their “right” to get what they want. “Interests” is about all of the reasons for wanting something.
Choose to experiment with various approaches.
https://zoom.us
This means of video conferencing does not require participants to reveal, share or otherwise compromise their lists of personal contacts.

The combination of required meeting room identifier plus assigned password features provide additional of security.

Confirm that we have all current phone and email contact information available to assist in resolving any technology challenges that may arise.
Mediation is a process used to help people reach mutually acceptable agreements
Mediation begins with an opening statement that describes the process. Some of the important aspects of mediation include:
its voluntary nature ─ no one can be forced to mediate;
the mediator is an impartial facilitator and does not have any authority to “decide the case;”
mediation communications are confidential except where required by law, some of those exceptions include mandatory reporting of child or elder abuse.

The process may be helped by having each person speak with the mediator alone.
This is called a caucus. Information given to the mediator during caucus may sometimes be revealed to the other person without specific permission to do so. Feel free to request a caucus if you want one.
Be sure to understand the protocol for confidentiality of information disclosed to the mediator during caucus, as each mediator is subject to local requirements.
Use the chat feature to log your thoughts and questions permitting each person to speak without interruption. Chat messages to all participants may be helpful if used effectively.
Private chat messages exchanged with the mediator will serve as a means to caucus and minimize the need to place any participant “on hold” during our online mediation session.

Virtual Meeting Security and Confidentiality
Confidentiality serves the crucial purpose of allowing the mediator to be seen by parties as a neutral, unbiased third party.
The mediator must:
rely on gaining the trust of the parties to encourage forthright communication;
be able to guarantee that they will not later testify against any party.
BYU Law Review
Volume 1997 Issue 3 Article 7
Pamela Kentra
Participants confirm that in accordance with the Mediation Intake Agreement each one’s internet access to meeting platform is via secured router or WiFi Hot Spot.

Participants agree to minimize distractions during online mediation session and to refrain from any means of recording the event.
U. S. Business Mediation
Self determination
Confidentiality
Manage Expense
Schedule the Process
Wider Range of Solutions
Practical, Realistic, and Sustainable Agreements

"The lesson? In dispute resolution, try to keep the conflict private whenever possible, and look for opportunities to demonstrate your integrity with the goal of winning your counterpart’s trust."
In Dispute Resolution, Change the Game—and the Name

BY KATIE SHONK ON JUNE 18TH, 2014 / DISPUTE RESOLUTION
Program on Negotiation
at Harvard Law School
Full transcript