MEDIATION: A TOOL FOR RESOLUTION AND REVENUE

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MEDIATION A TOOL FORRESOLUTION AND REVENUEChristine A Derdarian J D Disputes in State Government Filing litigation on behalf of state.
Defending state agenciesagainst litigation Frame of reference always Litigation perpetuates win loss Winning cases sometimes costs.
Concerns of state agencies Ballooning workloads Less staff Smaller budgets Mediation The Advantages.
Confidential private voluntaryprocess used to resolve Parties retain control Full opportunity to express Higher level of compliance.
Each party is required to listento the other Faster and less expensive thanlitigation Reduces effects of power.
differentials and advocates Mediation The Disadvantages No precedents created No guarantee ofresolution.
Who Benefits From Mediation The Courts Government Agencies Companies Professionals Clients.
Individuals Families Employers Employees Everyone Mediation in Your Agency.
Workload loss of control Mandate to collect property taxes Revenue critical to the locale Efficient government earnsrespect and compliance.
Savings in money Savings in time Creates trust and cooperation Eliminates need for administrative Brings in revenue.
Replaces win lose model withwin win model Creates mutuality in problem Recognized by many statejurisdictions and legal institutions.
Mediation Protocol Decide upon a uniform systemof mediation Refine notice procedures totaxpayers indicating.
availability requirement for Know factual and legal issues Know your bottom line Bring in outside mediator toensure neutrality and control of.
mediation environment Understand litigation is always Have policy on press relations Expect the unexpected Phases of Mediation The Beginning.
Decide seating arrangement Introductions Rules of engagement Confidentiality Signed Neutrality of mediator.
Informality of the process Ground rules for conduct Voluntary participation Note taking Full disclosure.
Mediator is not a judge or trierof fact and law Authority to enter an agreement Agreement as an enforceable Phases of Mediation The Middle.
Who s on first Information sharing Framing the issues Facilitating discussions Caucas with parties.
separately Phases of Mediation The End Parties own the Keep language simple Put it in writing.
Make certain all pointsare covered What the Future Holds Pending legislation Implementation.
New opportunity tostreamline work New opportunity toachieve compliance New opportunity to.
bring in revenue Resources Michigan State Bar ADR Section County mediation.
County barassociations Private mediators Reference links Conclusions.
Daunting challenges Mediation is the waveof the future Change in mindset isworth the effort.
MEDIATION: A TOOL FOR RESOLUTION AND REVENUE Christine A. Derdarian, J.D. 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 Mediation-The ...

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