Mediation is a time-honored alternative to litigation. This presentation is the first of two and strongly recommended before proceeding to "Skills Building".
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Basic Mediation Compiled and Narrated* by: Veronica “Niki” Hannevig, MS (CRC Retired) Professional Experience with Groups, Conflict Resolution, and Mediation. * The narrated version of this presentation is available by logging in for Integrity Training - Expediting Cohesion at Sherman Institute . Mediation
Transcript
1. Basic MediationCompiled and Narrated* by:Veronica Niki
Hannevig, MS (CRC Retired)Professional Experience with Groups,
Conflict Resolution, andMediation.* The narrated version of this
presentation is available by logging in forIntegrity Training -
Expediting Cohesion at Sherman Institute.
3. Proverbs 4:14-15Do not enter the path of the wrong, And do
not walk in the way of evil-doers.Avoid it, do not pass by it; Turn
away from it and pass on.Websters 1828 Dictionary
DefinitionAvoidance - AVOIDANCE, n.1. The act of avoiding, or
shunning.2. The act of vacating, or the state of being vacant. It
is appropriately usedfor the state of a benefice becoming void, by
the death, deprivation, orresignation of the incumbent.3. The act
of annulling.4. The course by which any thing is carried off.
4. ReconciliationRECONCILIATION, n. [L. reconciliatio.]1. The
act of reconciling parties at variance;renewal of friendship after
disagreement or enmity.Reconciliation and friendship with God,
really form the basis of all rational and true enjoyment.2. In
Scripture, the means by which sinners are reconciled and brought
into astate of favor with God, after natural estrangement or
enmity; the atonement;expiation.Seventy weeks are determined upon
thy people and upon thy holy city, to finish thetransgression and
to make an end of sin, and to make reconciliation for iniquity. Dan
9. Heb 2.3. Agreement of things seemingly opposite, different or
inconsistent.
5. Matthew 18:16But if he does not hear, take with you one or
two more, that by the mouth oftwo or three witnesses every word
might be established.Websters 1828 Dictionary DefinitionMediation -
MEDIATION, n. [L. medius, middle.]1. Interposition; intervention;
agency between parties at variance, with a viewto reconcile them.
The contentions of individuals and families are oftenterminated by
the mediation of friends. The controversies of nations aresometimes
adjusted by mediation. The reconciliation of sinners to God bythe
mediation of Christ, is a glorious display of divine benevolence.2.
Agency interposed; intervenient power.The soul, during its
residence in the body, does all things by themediation of the
passions.3. Intercession; entreaty for another.
6. Mediate - MEDIATE, a. [L. medius, middle.]Middle; being
between the two extremes.Anxious we hover in a mediate state.1.
Interposed; intervening; being between two objects.Soon the mediate
clouds shall be dispelled.2. Acting by means, or by an intervening
cause or instrument.Thus we speak of mediate and immediate cause of
itsmotion; the oar with which a man rows a boat is theimmediate
cause of its motion; but the rower is the mediatecause, acting by
means of the oar.MEDIATE, v.i. To interpose between parties, as the
equalfriend of each; to act indifferently between
contendingparties, with a view to reconciliation; to intercede.
Theprince that mediates between nations and prevents a war, isthe
benefactor of both parties.1. To be between two. [Little
used.]MEDIATE, v.t. To effect by mediation or interpositionbetween
parties; as, to mediate a peace.1. To limit by something in the
middle. [Not used.]Arbitrate - ARBITRATE, v.i.[L. arbitror.]To
contest in law; to prosecute ordefend by pleadings, exhibition
ofevidence, and judicial debate; as, tolitigate a cause or a
question.LITIGATE, v.i. To dispute in law; tocarry on a suit by
judicial process.To hear and decide, as arbitrators;as, to choose
men to arbitrate betweenus.ARBITRATE, v.t. to decide; todetermine;
to judge of.Litigate - LITIGATE, v.t. [L.litigo, from lis, litis, a
contest ordebate.]
7. Mediator - MEDIATOR, n.1. A person appointed, or chosen
byparties in controversy, to decidetheir differences. This is its
sense inthe civil law. In modern usage,arbitrator is the technical
word.2. In a general sense, now (in 1828)most common, a person who
hasthe power of judging anddetermining, without control; onewhose
power of deciding andgoverning is not limited.3. One that commands
the destiny, orholds the empire of a nation or state.Arbiter -
ARBITER, n. [L.]One that interposes between partiesat variance for
the purpose ofreconciling them.1. By way of eminence, Christ is
themediator, the divine intercessorthrough whom sinners may
bereconciled to an offended God.1Tim.2.Christ is a mediator by
nature, aspartaking of both natures divine andhuman; and mediator
by office, astransacting matters between God andman.
8. Unlike adversarial forms of litigation, mediatorsuse a
variety of voluntary techniques to resolvedisputes. These
techniques may include:FacilitationFact FindingSettlement
ConferencesMini Trials
9. The basic principles of mediationare consistent with organic
systemsand Contract Law and are outlinedin Mat. 18:15-20. . . .
(I)f your brother sins against you, go and (1)reprovehim, between
you and him alone. If he hears you, you have gained yourbrother.
But if he does not hear, (2)take with you one or two more, thatby
the mouth of two or three witnesses every word might beestablished.
And if he refuses to hear them, say it to the assembly. . . .Truly,
I say to you, whatever you bind1 on earth shall be having
beenbound1 in heaven, and whatever you loosen1 on earth shall be
havingbeen loosened1 in heaven. Footnote: 1Binding and loosening is
Hebrewidiom for exercising authority (to prohibit and permit).Again
I say to you that if two of you agree on earth concerningany matter
that they ask, it shall be done for them by My Father in
theheavens. For where two or three are gathered together in My
Name, thereI am in their midst.
10. The request for mediation. A formal request ismade to a
trusted mediator and co-mediator toassist in resolving the dispute.
The mediator willoffer his or her service and, upon acceptance,
adate and time will be scheduled to hear the matter.The
pre-complaint. A one-on-one good faithoral or written attempt to
resolve the dispute.
11. Voluntary Neutral Confidential - Enforceable
12. Mediation is a process in which an impartialthird party
assists disputants in finding amutually acceptable solution to
their dispute.Mediation is both voluntary and
confidential.Mediators are a Facilitator of ProcessMediators are
NeutralMediators have No stake in outcomeMediators have No position
on issues
13. - There is a desire to avoidadverse precedent
orconsequences.- There is no need to establishprecedent or
demandconsequences.- There is a need to avoidpublicity and
maintainconfidentiality and/or privacy.- There is a desire for
speedyresolution and need to avoiddelay.- There is a desire, or
need, topreserve a continuingrelationship.- Theres a recognition
thatemotions or hostilities may bara settlement.- Theres a desire
to minimize therisk of an imposed outcome.- There is a desire, and
need, toreduce the high cost oflitigation.- The outcome of
mediation mayenhance resolution of anexisting collateral
issue.
14. From Strongs Hebrew Dictionary - H995:bynbeneA primitive
root; to separate mentally (or distinguish), thatis, (generally)
understand: - attend, consider, becunning, diligently, direct,
discern, eloquent, feel, inform, instruct, have intelligence, know,
look well to, mark, perceive, beprudent, regard, (can) skill
(-ful), teach, think, (cause, maketo, get, give, have) understand
(-ing), view, (deal) wise (-ly, man). If you have reason to believe
you possess these attributes,go on to the Skills Building
presentation.