Online Mediation allows parties to work on resolving conflicts without having to be physically in the same room. Parties use a combination of video conferencing, email, phone, and document sharing to resolve their disputes. Parties can reply from the comfort of their own home or office during times that are convenient to everyone’s schedule.
If you are interested in how technology interacts with dispute resolution this is a great opportunity to learn and interact. Since 2010 thousands of participants have engaged in conversations with students, faculty members, and practitioners interested in the integration of technology into our dispute resolution processes. Once again, Cyberweek will be packed with engaging discussions forums, webinars, podcasts, demonstrations, simulations, and contests. We are also planning to integrate many of the latest innovations in social media to create an interesting and informative event. You may click on the following links wants to view the archives for Cyberweek 2010, Cyberweek 2011, Cyberweek 2012, Cyberweek 2013, Cyberweek 2014, andCyberweek 2015. If you have any questions, please contact Bryan Hanson (firstname.lastname@example.org or Noam Ebner (NoamEbner@creighton.edu).
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Most people ask the question, "what is the difference between mediation and arbitration?"
Arbitration is a process where an individual or a several individuals called a panel listen to you and the other parties involved in the dispute and then decide how the dispute will be resolved. It is agreed in advance that everyone will abide by the outcome that the arbitrator(s) decide upon.
Mediation is a process where the parties in a dispute meet with one or more mediator, and the mediator facilitates or guides the parties in creating their own agreement. Mediation allows for the parties to create and impact their own outcomes together.
We are so far apart, we will never agree..... As a mediator, I can help you take those first steps to getting to an understanding. It can be scary and overwhelming and confusing as to where to start.
Arbitration is a different process from mediation. In arbitration an individual or a group of individuals called a panel will look at the facts surrounding an issue and will impose a decision upon the parties. Mediation allows the parties to have more control and influence on the outcome of their dispute by creating the agreement.
Scenes from a Mediation: Telling a Shared Story with Noam Ebner & Framing and Reframing with Bernie Mayer
I studied at Creighton University School of Law Werner Institute and was so lucky to have Noam as the head of my master's program and Bernie as faculty. Please check out these links to get a sense of what "mediation is like"
Generally, the first questions people ask me are, “What is a mediator? What is mediation and how does it work?”
A mediator is a person that is trained in understanding how conflict works, what makes it better, what makes it worse, and how to help you get through it without destroying your relationships. The mediator is a neutral party, or one that has no interest in the results of the mediation. This is extremely important so that both sides feel that their interests are being protected.
Mediation is a voluntary process where people that are in conflict come together with a mediator to try to reach an understanding so that they can move forward. The disagreements they might find themselves in range from a neighbors’ dog that barks all night, to child custody or business disputes and anywhere in between. The people in conflict are called the parties and they will meet with the mediator either in person, or online and the mediator will begin to hear each parties story of why there is a problem.
Mediation is not a formal legal proceeding with evidence and rules of procedure. Each mediator will have their own way of conducting their mediations and they vary greatly depending on the parties and the type of issues.
Once the basic problem is outlined, the mediator will ask more questions to try to find out how help you and the other party to work together to come to an understanding of how you want to move forward. The process is something that is owned by the parties. That means that getting to an understanding is the responsibility of the parties and not the mediator. The mediator will help to guide you and allow you to express your frustrations in a constructive and safe place.
A key requirement to mediate is that all the parties involved want to come to an agreement and are willing to work together. If this cannot be done, litigation is an alternative that people may want to consider.
The mediation process can include support persons and attorneys. It is always a good idea to have an attorney review your memorandum of understanding before you sign it if you are at all uncomfortable. If there are financial or tax issues it is important to enlist the help of this type of professional as well.
I hope this has been helpful……