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>> >>PEGGY PICO: MEDIATION IS A LEGAL OPTION FOR RESOLVING ISSUES THAT RANGE FROM D FROM
DIVORCE TO CIVIL LITIGATION AND MEDICAL LIABILITY. WITH RECENT BUDGET CUTS TO THE COURTS, MEDIATION
MAY BE THE QUICKEST AND EASIEST WAY TO SOLVE DISPUTES.
HERE TO TALK ABOUT THE PROCESS IS STEVEN DINKIN, PRESIDENT OF THE NATIONAL CONFLICT RESOLUTION
CENTER. WHAT LEGAL MATTERS ARE BEST HANDLED IN MEDIATION
VERSUS, LET'S SAY, IN A COURT PROCEEDING. >> >>STEVEN DINKIN: MOST MATTERS CAN BE HANDLED
IN THE MEDIATION PROCESS FROM PERSONAL INJURY RK MEDICAL MAL PRACTICE, CONSTRUCTION DEFECT,
REAL ESTATE MATTERS, DIVORCE, COMMUNITY ISSUES, A WHOLE RANGE OF DIFFERENT CASES.
>> >>PEGGY PICO: WHAT SORT OF THINGS CANNOT BE HANDLED IN MEDIATION?
>> >>STEVEN DINKIN: THERE ARE CERTAIN TYPES OF CRIMINAL MATTERS, FELONY CHARGES THAT MIGHT
NOT BE APPROPRIATE, OR IF AN INDIVIDUAL HAS MENTAL CAPACITY ISSUES AND CAN'T MAKE THEIR
OWN DECISIONS, THOSE TYPES OF MATTERS WOULD BE HANDLED IN A MEDIATION PROCESS.
>> >>PEGGY PICO: WALK US THROUGH THE ACTUAL SETTING OF A MEDIATION.
WHO'S THERE, WHO'S MANAGING THE MEDIATION, HOW DOES IT WORK?
>> >>STEVEN DINKIN: TYPICALLY THE MEDIATION IS HELD IN A BOARD ROOM TYPE SETTING AROUND
A TABLE. THE MEDIATOR IS A NEUTRAL THIRD PARTY, IT
COULD BE A RETIRED JUDGE OR AN ATTORNEY, AND THEN OFTEN YOU HAVE THE OPPOSING PARTIES AND
THEN ATTORNEYS WHO ARE REPRESENTING THE PARTIES. >> >>PEGGY PICO: AND THE ATTORNEYS ARE THERE,
AND YOU'RE ABLE TO MEDIATE WITH AN ATTORNEY, IT JUST DOESN'T HAVE TO BE ONE ON ONE WITH
THE MEDIATOR, CORRECT? >> >>STEVEN DINKIN: AT TIMES, MEDIATIONS OCCUR
WITHOUT THE ATTORNEYS IN THE ROOM, BUT ATTORNEYS CAN BE IN THE ROOM AND BE PART OF THE PROCESS
AND THEY PLAY AN IMPORTANT ROLE OFTENTIMES IN THE MEDIATION PROCESS.
>> >>PEGGY PICO: WELL THESE DAYS YOU WERE TALKING ABOUT IT'S OFTEN IN A BOARD ROOM,
DO YOU HAVE TO BE FACE TO FACE, OR CAN YOU DO IT VIA SKYPE, PHONE, IN A DIFFERENT ROOM?
HOW DOES THAT WORK? >> >>STEVEN DINKIN: IF BOTH PARTIES ARE IN
THE ROOM, OFTENTIMES THEY'RE IN THE SAME OFFICE OR TWO SEPARATE ROOMS.
THE MEDIATOR WILL SHUTTLE BACK AND FORTH TO THE ROOMS.
NOW A DAYS PARTIES CAN BE ON THE PHONE OR USE OTHER MULTIMEDIA PROCESSES TO INVOLVE
THE PARTY IN THE MEDIATION. >> >>PEGGY PICO: DO YOU THINK THAT'S HELPFUL?
THE REASON I ASK IS BECAUSE OBVIOUSLY YOUR IN MEDIATION BECAUSE YOU CAN'T COME TO AN
AGREEMENT ON SOMETHING. I'M SURE TEMPERS MIGHT BE A LITTLE HIGH.
>> >>STEVEN DINKIN: I PREFER TO THE HAVE THE PARTIES TOGETHER.
NOT NECESSARILY IN THE SAME ROOM, BUT WHERE I CAN MEET WITH THEM FACE TO FACE AS OPPOSEED
TO HAVING THEM ON THE PHONE. >> >>PEGGY PICO: IS THE MEDIATED DECISION
LEGALLY BINDING OR IF YOU DON'T LIKE SETTLEMENT RESULTS CAN YOU STILL GO TO COURT?
>> >>STEVEN DINKIN: TYPICALLY WHEN INDIVIDUALS ENTER INTO A MEDIATION IT'S NOT BINDING SO
THEY CAN WALK AWAY FROM THE DISCUSSIONS AND THE MATTER AT ANY POINT.
BUT ONCE THEY COME TO MEDIATION, IF BOTH PARTIES AGREE, THE MEDIATION AGREEMENT IS BINDING.
IT'S LIKE A CONTRACT THAT WOULD BE RECOGNIZED IN COURT.
>> >>PEGGY PICO: HOW LONG DOES IT TYPICALLY TAKE TO RESOLVE A CASE VIA MEDIATION VERSUS
LET'S SAY GOING THROUGH COURT? >> >>STEVEN DINKIN: IT DEPENDS UPON THE COMPLEXITY
OF THE CASE. SOME CASES CAN BE HANDLED IN A MATTER OF THREE
OR FOUR HOURS. OTHER CASES MIGHT TAKE SEVERAL DAYS TO GET
TO A RESOLUTION. >> >>PEGGY PICO: AND I UNDERSTAND THAT ONE
DIFFERENCE IN MEDIATION IS YOU HAVE SOME A DIFFERENT OPTIONS AS FAR AS WHAT THE SETTLEMENT
IS, IT IS BT JUST MONETARY. >> >>STEVEN DINKIN: ONE OF THE GREAT BENEFITS
OF MEDIATION IS IT'S' A CONFIDENTIAL PROCESS. THE CONFIDENTIALITY OF THE PROCESS ALLOWS
THE PARTIES TO COME U UP WITH UNIQUE AND INNOVATIVE RESOLUTIONS SO THEY CAN CRAFT DIFFERENT TYPES
OF SOLUTIONS THAT MIGHT NOT BE READILY AVAILABLE IN A COURT PROCEEDING.
>> >>PEGGY PICO: FOR INSTANCE, DO YOU HAVE SOME EXAMPLES?
>> >>STEVEN DINKIN: AN EMPLOYMENT MATTER, FOR EXAMPLE, IT DOESN'T HAVE TO BE JUST A
MONETARY DECISION. AT TIMES THE EMPLOYEE MIGHT JUST WANT A SOLID
RECOMMENDATION LETTER OR MIGHT WANT TO BE MOVE UNDER TO ANOTHER DIVISION OR WANT MORE
VACATION TIME. THOSE ARE THE TYPES OF OR MAYBE JUST BASICALLY
AN APOLOGY FROM THE EMPLOYER. SO THERE'S A WHOLE RANGE OF DIFFERENT TYPES
OF SOLUTIONS THAT MIGHT SATISFY BOTH THE EMPLOYEE AND THE EMPLOYER THAT GOES BEYOND JUST A FINANCIAL
AGREEMENT. >> >>PEGGY PICO: THAT DOESN'T HAPPEN IN A
COURTROOM? >> >>STEVEN DINKIN: TYPICALLY NOT.
>> >>PEGGY PICO: OKAY. STEVEN DINKIN RK THANK YOU SE MUCH FOR THE
UPDATE ON THIS. >> >>STEVEN DINKIN: MY PLEASURE.