What is mediation?
Mediation
is a voluntary and private settlement process emphasizing informed decision-making
and mutually acceptable agreements. Mediation provides an alternative to
the win-lose approach of the adversarial legal system. It is practical,
informed, highly focused on the issues to be resolved, and involves mutual
problem-solving.
SLMS
helps parties clarify their disputes, communicate clearly, determine their
needs and interests, consider options for settlement, and reach fair agreements. Written
agreements are prepared where appropriate or desired.
In
general, mediation will be confidential. If a settlement is reached,
SLMS will provide the necessary paperwork to turn the agreement into a court
order.
The
mediator provides a safe and structured environment for the parties to talk
about their needs, explain their perspectives, and find solutions to troubling
issues. The mediator is a trained expert in the process of resolving
conflict, not the content of your dispute. In other words, you maintain
control over the outcome and make all decisions about what you would like
to see in the future.
Why use mediation?
It always the people most involved in the dispute to design a solution
most appropriate for their situation.
As the primary stakeholders, you are in the best position to design a solution
for your situation. Judges have insufficient time to truly understand
the conflict and do not always have the tools available to design solutions
that will work for both parties. Mediation allows the parties to be
creative and stay in control of their conflict.
It’s effective
Mediation
works. About 80% of the time, mediation helps the parties solve
their disagreement.
It promotes understanding
Even when the parties don’t resolve all their issues, they usually
feel better, learn more about one another, and build their ongoing relationship.
Frequently Asked Questions
How much does mediation cost?
There
is no charge for an SLMS mediation. One of the parties must be an eligible
PSU student.
Can I choose the mediator for my case?
No. SLMS
assigns mediators to cases based on the availability of the mediators.
If I mediate my case, do I give up other rights?
No. Mediation does not require that you waive any other right you may have
to litigate a dispute. However, if you accept mediation with SLMS,
SLMS will not be able to represent you in that matter or a matter substantially
related to the matter mediated.
How long does mediation take?
On
average, each mediation session lasts 2 hours. SLMS mediation is
limited to four 2 hour sessions. Litigating a case
can take far longer and unlike litigation, the mediator can coordinate with
the parties’ schedule.
Can I make the other party attend a mediation?
No. Mediation is a voluntary process so you cannot force another party
to attend. SLMS may be able to assist you in talking to the other party
to explain the benefits of attempting to mediate the dispute.
Does the mediator make a decision about my case?
No. Mediators are not judges or arbitrators and they will not make a decision
regarding your case. The mediators are there to assist the parties
in resolving their dispute.
What should I bring to the session?
You will be contact and given instructions on what to bring regarding your
case after you have selected mediation.
What happens if I don’t want to mediate?
The mediation
process is entirely voluntary. There are no penalties
for deciding not to mediate. Mediation is confidential. No contact
will be initiated with the other person without your permission. You may
request legal assistance with SLMS if you are eligible for services AND if
there are no conflict of interests.
MEDIATION at SLMS
Student Legal & Mediation Services (SLMS) offers students an alternative
process for resolving disputes in a constructive, non-adversarial atmosphere. In
mediation, an impartial, trained mediator meets with parties in an informal,
but structured session.
The mediator’s role is to assist the parties in arriving at their
own resolution of the issues. Unlike a judge or arbitrator, the parties
work together to reach an agreement that reflects their mutual sense of fairness
and meets their individual needs. The mediation process is private
and confidential.
SLMS will mediate disputes under the following conditions:
- All parties to
the dispute MUST consent to
the process.
- If the dispute is subject to another established process,
that process must NOT prohibit mediation as a means of addressing the dispute.
- SLMS will NOT mediate disputes where, in the professional judgment of
the SLMS staff, the dispute involves mental health or other professional
issues beyond the training of the mediators or where mediation might exacerbate
rather than resolve the underlying issues.
- SLMS will mediate disputes involving
an off-campus party, so long as one of the parties is a current eligible
PSU student.
- The issue must NOT concern potential criminal action or violence
between parties.
The SLMS staff will make their best effort to match disputes with an appropriate
mediator, taking into account the nature of the dispute, the cultural and
contextual framework within which the dispute arose and any unique factors
affecting the dispute.
SLMS aims to provide a safe, neutral environment where students can come
to resolve conflicts: with other students; or other members of the PSU community;
or the community at large.
We strongly urge you to call us for more information if you are currently
considering mediation as an option for a conflict you are facing.
| Currently, SLMS accepts ONLY domestic relation issues for
mediation. |
| |
Some common issues appropriate for mediation are:
- Parenting time
agreements
- Property and debt distribution
- Child support
- Issues involving pets
- Domestic partnership issues
|
SLMS will NOT mediate disputes under the following conditions:
- Non-Oregon
cases and non-Tri-county cases.
- One party is physically out of Oregon.
- Cases involving current restraining
orders
- Complex monetary, multiple assets, and tax issues
- Multi-party cases
- Cases where lawyers wish to be present
|
