MEDIATION: A TOOL FOR RESOLUTION AND REVENUE

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MEDIATION A TOOL FOR RESOLUTION AND REVENUE

• Christine A. Derdarian, J.D.

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Disputes in State Government

• Filing litigation on behalf of state agencies
• Defending state agencies against litigation
• Frame of reference always win/loss
• Litigation perpetuates win/loss mentality
• Winning cases sometimes costs more
• Concerns of state agencies
• -Ballooning workloads
• -Less staff
• -Smaller budgets

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Mediation-The Advantages

• Confidential, private, voluntary process used to
  resolve disputes
• Parties retain control
• Full opportunity to express concerns
• Higher level of compliance
• Each party is required to listen to the other
• Faster and less expensive than litigation
• Reduces effects of power differentials and
  advocates
• skills

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Mediation-The Disadvantages

• No precedents created
• No guarantee of resolution

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Who Benefits From Mediation

• The Courts
• Government Agencies
• Companies
• Professionals/Clients
• Individuals
• Families
• Employers/Employees
• Everyone

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Mediation in Your Agency

• Workload/loss of control
• Mandate to collect property taxes
• Revenue critical to the locale
• Efficient government earns respect and compliance
• Savings in money
• Savings in time
• Creates trust and cooperation
• Eliminates need for administrative hearings
• Brings in revenue
• Replaces win/lose model with win/win model
• Creates mutuality in problem solving
• Recognized by many state jurisdictions and legal
  institutions

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Mediation Protocol

• Decide upon a uniform system of mediation
• Refine notice procedures to taxpayers indicating
  availability/requirement for mediation
• Know factual and legal issues
• Know your bottom line
• Bring in outside mediator to ensure neutrality
  and control of mediation environment
• Understand litigation is always an option
• Have policy on press relations
• Expect the unexpected

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Phases of Mediation-The Beginning

• Decide seating arrangement
• Introductions
• Rules of engagement
• -Confidentiality/Signed Agreement
• -Neutrality of mediator
• -Informality of the process
• -Ground rules for conduct
• -Voluntary participation
• -Note taking
• -Full disclosure
• -Mediator is not a judge or trier of fact and
  law
• -Authority to enter an agreement
• -Caucas
• -Agreement as an enforceable contract

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Phases of Mediation-The Middle

• Whos on first
• Information sharing
• Framing the issues
• Facilitating discussions
• Caucas with parties separately

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Phases of Mediation-The End

• Parties own the agreement
• Keep language simple
• Put it in writing
• Make certain all points are covered

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What the Future Holds

• Pending legislation
• Implementation
• New opportunity to streamline work
• New opportunity to achieve compliance
• New opportunity to bring in revenue

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Resources

• Michigan State Bar-ADR Section
• County mediation programs
• County bar associations
• Private mediators
• Reference links

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Conclusions

• Daunting challenges
• Mediation is the wave of the future
• Change in mindset is worth the effort

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The End