Conflict Resolution FAQ

WHAT IS MEDIATION?

Mediation is a form of conflict resolution.  It is a process where two or more parties work together, facilitated by a neutral third party, to create joint decisions that govern future behavior.  The primary benefit to conflict resolution is that it is private, confidential and allows the parties to participate in the outcome.

WHAT CASES ARE APPROPRIATE FOR MEDIATION?

Mediation is appropriate in any situation where two or more people have an interest in changing future behavior, actions or quantifying their dispute.  Dispute Resolution processes do not determine fault, guilt or blame, legality of conduct or punishment.  Instead, mediators by remaining neutral, allow the parties to determine the outcome of their dispute, rather than adjudicating the merits.

WHAT IS THE ROLE OF THE NEUTRAL?

In Mediation all decision-making authority remains with the parties. The mediator never adjudicates what is "fair" or "right," does not assess blame, fault or guilt.  Instead, the neutral facilitates communication between the parties, and helps define mutual goals and obstacles to resolution.  The mediator requires that parties negotiate in good faith and assures the integrity of the process.

WHAT ETHICAL RULES DO MEDIATORS FOLLOW?

There are Model Standards of Ethics for Mediators. Established by the American Arbitration Association, the American Bar Association (Section of Dispute Resolution), and the Society of Professionals in Dispute Resolution.  Vonde Smith adheres to these standards.  Additionally, different states have enacted statutes that regulate mediation within their states.  For example, in Wyoming the statutes governing  mediations are located at W.S. 1-43-101 through 1-43-104.

WHAT TRAINING IS REQUIRED TO BE A MEDIATOR?

There are no national training requirements or credentials for mediators.  Only a few select states require that mediators be licensed.  In Wyoming a mediator is not required to be licensed.  It is important to check the credentials of your  mediator carefully as they will be directly involved in your dispute resolution.  Many mediators have attended a few hours of training before working as a mediator.  Vonde Smith has worked as a litigator for many years.  Additionally, she graduated from an intensive two semester program Conflict Resolution Program at the University of Utah that required over 100 hours of intensive role-playing training.  Additionally, she is enrolled in the Notre Dame, Mendoza College of Business, Executive Negotiation Certificate Program.  She is a member of the Association for Conflict Resolution, the Wyoming Trial Lawyers and the American Bar Association, Section of  Dispute Resolution.

HOW MUCH DOES A MEDIATION COST?

Due to the diverse nature of Vonde’s practice and the demands of travel, the mediation fee depends on the nature and location of the mediation.

WHAT ARE MEDIATION BRIEFS?

Mediation briefs are briefs submitted by each party (generally through counsel) that outline the parties’ positions in the dispute.  Mediation briefs are recommended in many litigation contexts. The parties have the ability to agree at the outset what information will be exchanged in mediation briefs.  In some cases, a brief will be prepared to exchange with opposing counsel prior to the mediation, and a supplemental "confidential" brief will be provided only to Vonde.
 
ATTENDANCE AT THE MEDIATION

Prior to the mediation the parties must discuss who will attend the mediation. Generally speaking, mediations are the most effective when more, rather than fewer, people attend. The structure of the mediation (including the sequence and timing of joint sessions, private caucuses and attorneys-only caucuses) can be adjusted to meet the needs of the participants.  Telephone consultations and conference calls prior to the mediation often assist with questions that arise.

MEDIATION AND CONFIDENTIALITY AGREEMENT

At the beginning of the mediation session, all participants will be requested to sign a Mediation and Confidentiality Agreement.