MEDIATION: A TOOL FOR RESOLUTION AND REVENUE Christine A. Derdarian, J.D. Disputes in State Government Filing litigation on behalf of state agencies Defending state agencies against litigation Frame of reference always win/loss Litigation perpetuates win/loss mentality
Winning cases sometimes costs more Concerns of state agencies -Ballooning workloads -Less staff -Smaller budgets Mediation-The Advantages Confidential, private, voluntary process used to resolve disputes Parties retain control Full opportunity to express
concerns Higher level of compliance Each party is required to listen to the other Faster and less expensive than litigation Reduces effects of power differentials and advocates skills Mediation-The Disadvantages No precedents created No guarantee of
resolution Who Benefits From Mediation The Courts
Government Agencies Companies Professionals/Clients Individuals Families Employers/Employees Everyone Mediation in Your Agency
Workload/loss of control Mandate to collect property taxes Revenue critical to the locale Efficient government earns
respect and compliance Savings in money Savings in time Creates trust and cooperation Eliminates need for administrative hearings Brings in revenue Replaces win/lose model with win/win model Creates mutuality in problem solving Recognized by many state jurisdictions and legal institutions
Mediation Protocol Decide upon a uniform system of mediation Refine notice procedures to taxpayers indicating availability/requirement for mediation Know factual and legal issues Know your bottom line Bring in outside mediator to ensure neutrality and control of mediation environment
Understand litigation is always an option Have policy on press relations Expect the unexpected Phases of Mediation-The Beginning Decide seating arrangement Introductions Rules of engagement -Confidentiality/Signed Agreement -Neutrality of mediator -Informality of the process
-Ground rules for conduct -Voluntary participation -Note taking -Full disclosure -Mediator is not a judge or trier of fact and law -Authority to enter an agreement -Caucas -Agreement as an enforceable contract Phases of Mediation-The Middle
Whos on first Information sharing Framing the issues Facilitating discussions Caucas with parties separately Phases of Mediation-The End
Parties own the agreement Keep language simple Put it in writing Make certain all points are covered What the Future Holds Pending legislation Implementation New opportunity to streamline work New opportunity to
achieve compliance New opportunity to bring in revenue Resources Michigan State BarADR Section County mediation programs County bar associations
Private mediators Reference links Conclusions Daunting challenges Mediation is the wave of the future Change in mindset is worth the effort The End
Halving big risks and halving small risks by chemotherapy. Proportional. risk reduction does not depend much on age, ER status or nodal status (or on tumour grade or tumour diameter) Absolute risk reduction, however, depends on the prognosis - and,...
Presidents Day can also be written as President's Day or Presidents' Day. Presidents Day As time went by, people in the United States decided it was rather silly to honor only two of our presidents on Presidents Day, when all...
Air pollution is not just a problem found in our cities. The air pollution that we create can cover large geographic areas and remain in the environment for long periods of time. These air pollutants can also be carried hundreds...
Affective Assessment Assessment of Dispositions Affective Learning Targets Attitudes Interests Values Opinions Preferences Motivation Academic Self-Concept Self-Esteem Locus of Control Social Relationships Emotional Development Altruism Classroom Environment Moral Development Attitude Assessment Positive attitudes toward: learning school subject areas teachers working...
What is the success criteria that my essay has to meet in order to progress onto phase 2?-All Phase 1 tasks completed before the start of school in September .-Minimum of 4000 words of high quality written work.-Attended all previous...
Scientific Revolution & Enlightenment Will Cronin and Hannah Sauer Scientific Revolution Important people of the Sci. Rev. Copernicus - mathematician that developed a model of the universe, where the earth rotated around the sun (heliocentric) Galileo - mathematician and astronomer...
Descriptive Writing Writing to describe Good descriptive includes: Similes and metaphors Good word choice Writing to paint a word picture Five Paragraphs Introductions Three descriptive paragraphs Conclusion Getting Organized Sample Prompt: Think about your favorite restaurant.
Ready to download the document? Go ahead and hit continue!