Mediate, not litigate. .Trying mediation before litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. to resolve a dispute is a popular, cost-saving concept among administrators and other leaders. They have discovered the benefits of effective mediation outweigh out·weigh tr.v. out·weighed, out·weigh·ing, out·weighs 1. To weigh more than. 2. To be more significant than; exceed in value or importance: The benefits outweigh the risks. the adversarial ad·ver·sar·i·al adj. Relating to or characteristic of an adversary; involving antagonistic elements: "the chasm between management and labor in this country, an often needlessly adversarial . . . effects of litigation. Mediation is especially effective in resolving disputes between schools and parents, such as special education issues and disciplinary situations, says Philip E. Tieman, a former superintendent who has completed mediation training programs and practiced mediation during his administrative career. In addition, it sets a tone within a district that is reflected in relationships between administrators, parents, students, teachers and the community. With the exception of severe criminal acts, Tieman says that most disputes can be resolved with mediation. Tieman says he believes all teachers and administrators should be required to take formal mediation training. Those without it may want to use the new conflict resolution mediation program offered by Westerville, Ohio-based SchoolMatch. To ready yourself for the mediation process, Tieman says to keep the following in mind: * Be prepared Before the process begins, both parties should secure and review the necessary legal, financial and other data. * Know the mediator's role The mediator mediator n. a person who conducts mediation. A mediator is usually a lawyer, or retired judge, but can be a non-attorney specialist in the subject matter (like child custody) who tries to bring people and their disputes to early resolution through a conference. strives to have the parties reach an agreement. The mediator does not have the authority to impose a settlement. * Obtain authority if necessary While the board of education and governing body Noun 1. governing body - the persons (or committees or departments etc.) who make up a body for the purpose of administering something; "he claims that the present administration is corrupt"; "the governance of an association is responsible to its members"; "he of the other party may have to approve the final agreement, both parties must mediate MEDIATE, POWERS. Those incident to primary powers, given by a principal to his agent. For example, the general authority given to collect, receive and pay debts due by or to the principal is a primary power. with the authority to reach and sign an agreement. * Be open to resolution ideas The outcome of the mediation is limited only by the nature of the problem and the extent of the party's willingness to reach a settlement. Creativity counts. www.schoolmatch.com/ppsi/mediation.html |
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