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					ADR & Mediation



   Laura A. Gray
 Executive Director
 Grayline Mediation

                      1
              Introductions
Laura A. Gray
Executive Director, Grayline Mediation
  Biography
     • ADR Practitioner: Family & Civil cases.
     • Accredited Family Mediator and Workplace
       Investigator
     • Grayline Mediation est. 2011



                                                  2
                  Agenda
•   What is Conflict?
•   Role of ADR
•   ADR Continuum
•   Benefits of ADR
•   Case for Mediation
•   Case Studies
•   ADR Institute of Ontario
•   Questions

                               3
            What is Conflict?
•   Ubiquitous and universal
•   Not necessarily negative or undesirable
•   Hostile feelings between two or more parties
•   Diverging interests
•   An opportunity for growth, change and
    learning



                                                   5
              Role of ADR
• Acronym for alternative dispute resolution
• ADR is about options for resolving disputes
  as an alternative to traditional litigation
• Consensus-based approaches to dispute
  resolution




                                                6
          Role of ADR (cont’d)
• Understanding the circumstances
  surrounding conflict or dispute
• Responding with an appropriate management
  or resolution process
• Different ADR options may be applicable at
  different stages of a dispute




                                           6
               ADR Continuum

   Decreasing control, flexibility, and chance of win-win
                         outcome
        ADR Processes                  Adjudicative Processes



      Facilitation   Fact-Finding                 Litigation
Training       Mediation      Arbitration


             Increasing coercion and hostility.
                                                               7
             Benefits of ADR
•   Flexible
•   Greater control over timing and process
•   Cost effective
•   Voluntary and informal
•   Private and confidential
•   Durable outcomes



                                              8
         Benefits of ADR (cont’d)
•   Relationship-saving
•   Can be customized
•   Process-oriented
•   Competitive advantage
•   Creative solutions
•   Empowering



                                    9
         Case for Mediation
• Mediation is the most widely known and
  utilized ADR option
• Based on a mail and phone survey of 528 of
  the largest U.S. corporations*:
   – 88% have used mediation
   – 81% said that mediation provides "a more
     satisfactory process" than litigation


                                                10
         Case for Mediation
                     (cont’d)

   – 90% view mediation as an effective cost-
     saving measure
   – 82% said that the main reason to use
     mediation is that it allows the parties to
     resolve dispute themselves
• From a litigation standpoint, 95% of civil court
  cases settle out-of-court **


                                                 11
   Case Study for Facilitation
Definition: neutral party helps a group work
  together more effectively in a collaborative or
  consensus-building process
Situation: parties aiming towards a common
  goal but differ in approach
Process: facilitator is “assistive”
Outcome: collective agreement


                                                12
    Case Study for Mediation
Definition: neutral mediator assists the
  disputing parties reach a negotiated
  settlement; s/he does not decide the case;
  usually confidential and non-binding
Situation: parties more hostile to each other
  but willing to work towards resolution with
  assistance
Process: mediator is “intermediary”
Outcome: win-win
                                                13
   Case Study for Arbitration
Definition: neutral arbitrator makes a final
  decision for the parties, however the parties
  control the content and procedure (vs.
  litigation)
Situation: parties unwilling to work towards
  mutually satisfactory resolution because of
  hostility, time or cost constraints ,etc.
Process: arbitrator acts as “rent-a-judge”
Outcome: win-lose
                                                  14
   Case Study for Third Party
           Neutral
Definition: neutral third party with subject
  matter expertise examines and evaluates the
  disputed facts central to a case
Situation: specific knowledge or expertise
  required
Process: evaluative and informative
Outcome: information assists disputing parties
  in achieving resolution of the matter

                                             15
   Case Study for Conflict
 Management System Design
Definition: “an approach to conflict management,
   grounded in a marriage of organization development,
   dispute systems design, and alternative dispute
   resolution principles and best practices”**
Situation: organizational-based conflict management;
   large group-oriented focus
Process: considers corporate hierarchy, philosophy,
   style, etc.
Outcome: smoothly functioning organization


                                                     16
Case Study for Skills Training
Definition: trainer teaches the skills necessary
  to manage conflict
Situation: conflict management on an
  individual or organizational level
Process: educational
Outcome: ability to manage conflict in one’s
  own or others’ relationships in any context,
  e.g. business, family, etc.

                                               17
Call Grayline Mediation to
    discuss your case
      Free initial consultation
  laura@graylinemediation.com


                    Laura A. Gray, MA, Acc.FM
                            Grayline Mediation

				
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