ADR class 9

opening statement - typical mistakes:
1. race through the opening too quickly. remember that you're dealing with people who have come to you for help, you want to make eye contact and speak deliberately and cover all the topics.
a. remind everyone that he was the mediator selected and that they are co-authors of the process.
b. a few words about my process as a mediator - i'm not a judge or arbitrator and i have no power to mandate any judgments. you won't have a decision handed down from the mountain top here.
c. my job is to help you to resolve your situation yourselves so you will have no need for arb or court.
d. this process is informal. there's no procedural requirements except for common courtesy. and our mediation will be differnt from litigation also, because we will try to move away from the adversarial positions you have to take in court, and see if your real underlying needs can be better met and better served in some way other than a continuing lawsuit.
e. i have no power to decide or annex anything. i can only report to the court that the issue has/not been resolved.
f. we'll begin by asking each side what s/he thinks the case is about and we'll go from there. at some point, we'll break for court recess, and i'll speak to each side independently. when i meet with you, i will help you identify the strenghts and weaknesses of your case as well as the sterngths and weaknesses of the otehr party's case.
g. if you tell me something in a sepaarte session that you want kept confident, you can tell me, just let me know that it must be kept in confidence.
h. since the claimant brought us here, i'll ask him to speak first... or you could ask them to flip a coin, etc.

prof. mollen's checklist:
1. if you want, we can go through together. then we're going to break into separate rooms.
2. we're gonna order lunch in so we don't need extra time. there's facilities down the hall. we want you to be comfortable.
3. i emphasize confidentiality, and anything said to me remains confidential
4. we're going to treat each other with civility and respect and it will be a meaningful discussion.
5. any questions

bitter separation between parties. wife took the 13-year old child to GA. husband wants the child returned. will pay for college but only if in a 2-hr drive from NYC. also is concerned that kid is not doing well in school. wife doesn't want to return the child, she wants favorable property settlement, she wants college unrestricted, she thinks change of environment will adversely affect the kid.

wife.

nothing to submit.

presentation should be like most of class period.