Mediation as a Form of Dispute Resolution (4 of 4)

Conclusion

The utilization of mediation as a form of conflict resolution is growing in popularity as evidenced by the new procedures making mediation available to disputants at the U.S. Postal Service and the Equal Employment Opportunity Commission as well as by the growing number of courts, both family and other that are making an initial mediation session, or at least a mediation orientation a requirement of all litigants. It seems that the general population is still lacking in understanding of the mediation process and the benefits that can result when a settlement is mediated. But that is changing and mediators have the right and responsibility to request the parties to consult with an expert in order for them to make informed choices in reaching their settlements. Appraisers must know what role they have been selected to take and act accordingly to the ethical requirements of the profession in which they are practicing at the time ‚ be it mediator or neutral expert. Those appraisers who wish to develop the co-mediating side of their practice should seek specialized mediation training and must obtain this training to be included on most court mediator listings.

Deborah Luteran Iwanyshyn, JD, CPA, ASA is an attorney who concentrates her practice in the area of family law. She is also a trained mediator and is the Director of The Center for Problem Resolution, an alternative dispute resolution firm. She is a principal in The Hampton Consulting Group, a firm concentrating in litigation support and business valuation located at 320 Ft. Duquesne Blvd., Pittsburgh, PA 15222-1102. (412) 338-0200.

1-The Academy of Family Mediators is considered the leading professional association for family mediators and is located at 5 Militia Drive, Lexington, MA 02173. Telephone (781) 674-2663. Their website is http://www.mediators.org

9-Robert D. Benjamin, MSW, JD, The Mediation of Business, Family and Divorce Conflicts: Practice Forms and Handbook p 2.1, 2.2.

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