"Another Way"
Sunrise Mediation
Rebecca H. Hiers

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Is Mediation Right for My Situation?

External Disputes
Businesses, Governmental Entities, Organizations
 

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 technical, scientific, or other complex issues, and is communication therefore part of the problem? 



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



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



6.    Is the other Party someone that 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?



7.     How is this dispute likely to affect your organization? 



8.     How is this dispute affecting working relationships on the management level? 



9.     How is this dispute affecting employee morale? 



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



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



12.    How long do you believe it likely will be before your organization resolves this dispute if you don't use mediation? 



13.    If your organization "wins" in court, will this dispute really be over, and will your organization have what it really wants? 



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



15.    If you lose in court, is your organization likely to appeal? 



16.    Have you discussed with your in-house attorney and with your litigation attorney how long they believe that it likely will take to resolve this dispute in court?  Did this time estimate include possible appeals? 



17.    How much money is your organization willing to spend to pursue resolving this dispute? 


18.    How does your organization feel about allowing another person (Judge, Administrative Law Judge, Arbitrator, other) to make this decision for you? 



19.    How important is it to your organization that you address this dispute privately, rather than in a public forum? 



20.    Does your organization want to set a legal precedent on this issue, and therefore want a formal ruling from a court? 



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



22.    Do you feel that all relevant perspectives have been heard and understood? 



23.    Does your organization or anyone within your organization want to apologize to another Party, but your Attorney has advised against taking this legal risk? 



24.    Does your organization or anyone within your organization want to express forgiveness to another Party, but your Attorney has advised against taking this legal risk? 



25.    Is there something that you feel should be said to the other Party, but no one has been given the opportunity to do so? 



26.    Where would your organization prefer to focus most of its 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? 



27.    Are there issues here which are important to your organization beyond just the legal issues? 



28.    Are all of the necessary individuals within your organization willing to commit the time and effort necessary to participate fully and effectively in a mediation process? 



29.    Is your organization willing to commit the resources necessary to support a successful mediation process?



30.    Are all of the necessary individuals within your organization willing to sit down face-to-face with the other Party (or Parties) to try to resolve this dispute? 



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



 
   
 
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   Pendleton, OR  97801
Sunrise Mediation 541-276-4000
rh@sunrisemediation.com