Mediation The goal of mediation is not to

Mediation • The goal of mediation is not to determine who is write or wrong • Purpose is to explore solutions • The mediator makes the final decision • If no agreement is reached the parties can return to court

Statutory Definition Chapter 5 – Arbitration & Award • Mediation is defined by K. S. A. 5 -502(f) as the intervention into a dispute by a third party who: – Has no decision making authority; – Is impartial to the issues being discussed; – Assists the parties in defining the issues in dispute; – Facilitates communication between the parties; and – Assists the parties in reaching a resolution.

Dispute Resolution Process • Kansas Dispute Resolution Manual provides guidance regarding various dispute resolution processes – http: //www. kscourts. org/pdf/adr/disresmanual. p df

Dispute Resolution Manual • Defines various types of mediation – Court-annexed vs. Private Mediation – Civil Mediation – Domestic Mediation • Governed by K. S. A. 23 -601, et seq. – Facilitated by Mediation – Evaluative Mediation – Transformative Mediation

Rule 901 Court Rules Relating to Mediation • Describes mediation process – Explains circumstances in which an attorney may act as a mediator – Must inform parties of role and receive consent in writing – Must define legal issues in presence of all parties – Must advise parties to seek independent legal advice prior to executing settlement agreement

Rule 901 Court Rules Relating to Mediation – Cannot handle mediation pertaining to a matter in which mediator has represented a party – Cannot represent one party against the other in a matter that is the subject of mediation • May represent a party on an unrelated matter after mediation is concluded

Rule 901 Court Rules Relating to Mediation – No attorney client privilege – Shall withdraw if any party so requests, or if conditions are not satisfied – Attorney involved in mediation of family disputes must also comply with Kansas Standards of Practice for Lawyer Mediators in Family Disputes

Rule 902 Qualifications • Sets qualifications for mediators referred by state courts • No standards or qualifications imposed on any person chosen and agreed to by the parties

Rule 902 Qualifications • To be approved as a mediator, applicant must: – Complete required training – Agree to follow ethical standards of rule 9003 – Co-mediate with or be supervised for three cases during the first year of approved mediation practice – Comply with Rule 904 (continuing education)

Rule 902 Qualifications • Be of good moral character and mentally and emotionally fit to engage in the practice of mediation • Must have participated in 16 hours of core mediation training – Must have additional training for: • Child custody or parenting classes • Parent/adolescent disputes

Rule 903 Ethical Standards – Self-Determination - A mediator shall recognize mediation is based on the principle of selfdetermination by the parties. – Impartiality – mediation shall be conducted in an impartial manner – Conflicts of Interest – All actual and potential conflicts of interest reasonably known to the mediator must be disclosed – Competence – A mediator must have necessary qualifications to satisfy the reasonable expectations of the parties

Rule 903 Ethical Standards – Confidentiality – A mediator shall maintain the reasonable expectations of the parties with regard to confidentiality – Quality of Process – A mediator shall conduct the mediation fairly, diligently, and in a manner consistent with the principle of self-determination by the parties – Advertising and Solicitation – A mediator shall be truthful in advertising and refrain from promises and guarantees of results

Rule 903 Ethical Standards – Fees – A mediator shall fully disclose and explain the basis of compensation, fees and charges to the parties – Obligations to the Mediation Practice – Mediators have a duty to improve the practice of Mediation

Rule 904 Continuing Education Requirements – Shall earn 6 credit hours of approved mediation education each calendar year – Training years begin January 1 and end December 31 – All programs for continuing mediator education credit shall be approved by the director of dispute resolution – Waivers or extensions of time to complete continuing education may be granted by the director of dispute resolution due to hardship, disability or other good cause