NCJ Number
105184
Journal
Judges' Journal Volume: 26 Issue: 1 Dated: (Winter 1987) Pages: 4-9,41-43
Date Published
1986
Length
9 pages
Annotation
By mastering mediation techniques and resolving disputes in chambers rather than trial, judges can save the court time and money and help litigants reach agreements that benefit all.
Abstract
A major task in dispute settlement is facilitating communication so that both parties understand each other's objectives and interests. In cases where litigants have reached an impasse, a special session for the purpose of exploring alternative settlements may be useful. Should this fail, separate sessions with the parties may help the mediator ascertain underlying beliefs and minimal objectives and permit tentative negotiation of less controverted issues, thus paving the way for future cooperation. Use of the minitrial -- in which both parties present summaries of their cases and the judicial mediator evaluates their strengths and the likely outcome at trial -- can help disputants more realistically assess the benefits of settling out of court. In cases where judges are scheduled to conduct the actual adjudication, they should maintain a professionally neutral demeanor during the pretrial settlement conference and emphasize that any disclosures will not prejudice subsequent actions. Many judges in such a situation are most comfortable merely explaining the benefits of settlement. In some cases where more active mediation efforts fail to result in accord, judges may wish to transfer the case to a colleague for trial. 10 footnotes.