Mediation

Phillip Howell-Richardson

Overriding Goals

• Maintaining control over the outcome

• Maintaining control over the resolution process

• Achieving a speedy resolution

• Avoiding high cost

• Maintaining privacy

• Avoiding animosity and maintaining or restoring a business relationship

Mediation v Arbitration

0

5

10

15

20

25

30

35

40

Percentage Dollar Spend

Assumes 24 month time span

Time & Value Proposition

Advice

Mediation

Notice

Pre Hearing

Discovery

Depositions

Hearing

GEORGIA-PACIFIC CORPORATION Summary of ADR Savings

1995 through 2005YEAR NO. OF CASES ESTIMATED SAVINGS

1995 13 $1 MILLION

1996 26 $1.5 MILLION

1997 84 $6.5 MILLION

1998 110 $6 MILLION

1999 94 $2.5 MILLION

2000 68 $4.25 MILLION

2001 43 $2.97 MILLION

2002 44 $2.3 MILLION

2003 36 $2.35 MILLION

2004 77 $3.41 MILLION

2005 96 $6.97 MILLION

Some Barriers to Resolution

• Is emotion causing impasse or likely to damage negotiation?

• Is a reality check for the parties regarding their position and expectations needed?

• Is there an opportunity to reframe this dispute through the eyes of a neutral?

• Is there an opportunity to educate decision makers by their involvement in the process?

• Is there a need for each side to a dispute to tell their own story?

• Is there a need to obtain a key issue guide?

MEDIATION

CREATES

WINNERS