Video instructions and help with filling out and completing What Form 5495 Mediator

Instructions and Help about What Form 5495 Mediator

So I'm gonna have a fairly lengthy conversation at the beginning but really after I get through this the focus really turning school but what you want to say so be patient with me because I do have to go through this material and it's important because you may have questions about it I sent you the agreement to mediate and a description of mediation in the mail along with Maya did you both get that and have a chance to spend some time with it okay good so some of this will be redundant if you've read through the agreement to mediate some there but it's important the bathrooms are down the hall and the women's restroom is first once you turn this right hand corner and the Menace's clear on the other end if you need to use a phone we can transfer back there's nothing that says you have to stay planted in these chairs you need to call somebody for information or just to check in I don't know what confidence you might have today or things that you're worried about at the office that we can make time I know these hip chairs are a little hard if they get too uncomfortable let me know and we'll try and figure out something else if the Sun is in your eyes be sure to tell them that if it's too warm in here let me know about that obviously my job is to make you as comfortable in this process as possible so please let me know anything is not working for you I am a professor in the Appalachian School of Law I teach negotiation mediation arbitration and dispute resolution system design I have a masters of law dispute resolution from the University of missouri-columbia and I practice law for 20 years as a commercial litigator I shift from litigation to mediation because I feel so strongly about this process and the promise of to solve problems for people mediation is a voluntary process in which basically I help you all talk to each other in a way that's meaningful to those of you and once we understand the kind of problems that you all are facing at this point then we can shift into some of these later stages can start to develop options for you to solve those problems and we'll talk about this the stages of mediation in just a moment but the biggest characteristics about mediation we said it's voluntary and you're the decision-makers I can facilitate the process but ultimately I mentioned that I was training as a lawyer not a law professor but I want to make sure you understand that I am NOT going to be acting like a lawyer today I'm not going to be getting liquor advice to either party if it looks like you may need some legal information we can arrange for you to get that information it's important that you feel you can talk your lawyers in turn your time in this process if you're going to take a break and call everywhere that's fine we will put together a draft agreement again and I assume it will get to an agreement because most parts do and you'll have the right to take that back over and have a lawyer review it before you make it final and binding on if any agreement that we reached today that you all sign will be final and binding it'll be like in hinder enforceable contracts and so you have to be careful about that you may want to talk to lawyer and it can affect your substantive legal rights you need to know that when we're done with this process you need to know that I can't represent either there's a couple of reasons for that but we don't want you to misinterpret any future relationship that I have with either of you has some sort of conflict of interest that we would exist in now and that leads me into really affect my role which is to remain impartial and in fact it's more like I want to support both of you through this process I don't want to look like I'm being my side more than the other because to me it's important that you both feel supported in a way that you can come together into this agreement now if at any time you think that I'm showing bias of favoritism for or against one of you tell me and we can talk about it sometimes it's a misinterpretation sometimes it could be very real in which case we need to get to another mediator so that you don't feel like this process isn't working for you I am not trained as a therapist I'm not going to be giving therapeutic advice as I as I mentioned in my agreement to mediate I have a facilitative style and what that means is I'm really not going to be providing an analysis of the legal case or an evaluation this doesn't strike me as a kind of dispute for that is really what's happening I guess in theory it could end up in litigation but right now it's really something that we should be able to to work out without thinking about all the legal aspects of micro matters facilitative mediation really just means that I'm here to help facilitate a conversation could be a difficult conversation but we're going to just have a conversation the benefits of mediation tends to be less costly than some of the other alternatives tends to be more efficient in terms of really finding really help you guys solve the problems that you're facing and tends to be tends to be quicker in the sense that we really just to focus on the problem today and see what can come out of that stage so right now we're in the opening orientation and like I said