"Another Way"
Sunrise Mediation
Rebecca H. Hiers

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Is Mediation Right for My Situation?

Individuals
 

Mediation


What is Mediation?


Why Mediate?


Frequently Asked Questions


Is Mediation Right
for My Situation? 

 

1.    What alternatives do you have, other than mediation, for resolving this dispute? 



2.    Has a misunderstanding or a break-down in communication played any role in this dispute? 



3.    Does the dispute involve different cultural perspectives, and is communication therefore part of the problem? 



4.    Is your normal negotiation style not working for you in this particular dispute? 



5.    Is the other Party someone you will interact with in the future?  How important is it to you to have a positive working relationship with the other Party after resolving the legal dispute?



6.    What effect is this on-going dispute having on you, your health, your finances, your relationships, your outlook on life, etc.? 



7.    What effect is this dispute having on your family, your friends, and your community? 



8.    How long do you believe it likely will be before you resolve this dispute if you don't use mediation? 



9.    If you "win" in court, will this dispute really be over for you, and will you have what you really want? 



10.    If you win in court, is the other side likely to appeal?



11.    If you lose in court, are you likely to appeal? 



12.    Have you discussed with your attorney how long he or she believes that it likely will take to resolve this dispute in court?  Did this time estimate include possible appeals? 



13.    How much money are you willing to spend to pursue resolving this dispute? 



14.    How do you feel about allowing another person (Judge, Administrative Law Judge, Arbitrator, other) to make this decision for you? 



15.    How important is it to you that you address this dispute privately, rather than in a public forum (such as court)? 



16.    Are emotions affecting rational decision-making for one or more of the Parties?



17.    Do you feel that your perspective has been heard and understood? 



18.    Do you want to apologize to the other Party, but your Attorney has advised you against taking this legal risk? 



19.    Do you want to express forgiveness to the other Party, but your Attorney has advised you against taking this legal risk? 



20.    Is there something that you want to say to the other Party, but have not been given the opportunity to do so? 



21.    Where would you prefer to focus most of your energy and financial resources?  On the past, and trying to prove who did what?  Or on the future, and planning where you go from here? 



22.    Are there issues here that are important to you beyond just the legal issues? 



23.    Are you willing to commit the time, effort, and resources necessary to participate fully and effectively in a mediation process? 



24.    Are you willing to sit down face-to-face with the other Party (or Parties) to try to resolve this dispute? 



25.    Is the other Party (or Parties) willing to participate in mediation? 



 
   
 
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   Pendleton, OR  97801
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rh@sunrisemediation.com