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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Aug. 21, 1996)
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Call us: 346-4240 or come by 318 EMU Mediation offers alternative to courts ■ RESOLUTIONS: Small claims disputes are often resolved more successfully through mediation than when a judge decides the issue By Tiffany Smith Oregon Daily Emerald If you take someone to court, you may end up in mediation in stead. “You can expect to see by the year 2010, mediation will be the standard before going to litiga tion,” said Professor of Law Do minick Vetri. Mediation is a process in which both parties who are en gaged in a lawsuit sit down with a facilitator to work out a resolu tion together. In Lane County, most judges order mediation hearings for small claims cases. Vetri said mediation differs from an out-of-court settlement because it eliminates the discov ery, or fact-finding, process. Lawyers use the information learned in discovery to negotiate the terms of the settlement with their client’s approval while me diation involves the parties of the lawsuit and a facilitator. A lawyer may be present, but the parties essentially speak for themselves throughout the course of the mediation. “The process of meeting across the table and stating the problem in their own way gets a lot of emotion out of the way,” Vetri said. "By the expression of re sponsibility back and forth, they realize that we don’t live in a per fect world and finding an amica ble agreement is far more impor tant.” People who go through the me diation process are twice as like ly to comply with the resolution they agreed to than a judge’s de cision in court, said Lynne Cox, an associate law professor and di rector of the Law Entrepreneur ship Appropriate Dispute Reso lution (LEADR). The compliance rate for small claims decisions is 37 percent, while the rate for small claims mediation resolu tion is 74 percent, Cox said. “The value of mediation is that its premise lies on the belief that the best solution to the problem lies in the person with the prob lem,” she said. The movement away from liti gation toward a dispute resolu tion system has been generally accepted by professors at the University of Oregon’s School of Law, Cox said. Mediation chal lenges lawyers who have prac ticed law in the traditional way to think about new ways of re solving disputes. It de-empha sizes competitiveness and en courages everyone to work together to explore ways to meet the needs of everyone touched by the situation, she said. “One of the reasons I do this work is because I believe people need to take responsibility for their lives and they need lawyers to be involved in encouraging them to solve their own prob lems,” Cox said. “The traditional habit of delegating our problems to government for solutions robs us of the opportunity to grow through grappling with life’s challenges.” The mediation program started in the Multnomah County Courts it The traditional habit of delegating our problems to government for solutions robs us of the opportunity to grow through grappling with life’s challenges. — Lynne Cox associate law professor -99 in 1989. Cox was one of the first facilitators in the program and now trains others to be mediation facilitators. For the last three years, the School of Law has conducted Mediation Clinics in conjunction with the Lane County courts. These clinics put students and faculty through hands-on train ing in mediation strategies, nego tiation and communication tools. The clinics were paid for by a three-year federal grant, Cox said. The clinics turned into the self-supported LEADR program which is part of the Law and En trepreneurship Center. The Ore gon Dispute Resolution Commis sion, which regulates the program in Oregon, has asked LEADR to be available to the Ore gon courts to help create a roadmap for the future’s “multi option” justice system. According to “Justice 2020: The New Oregon Trail,” a publi cation of the Future of the Courts Committee, by the year 2020 the state courts will offer the public a variety of choices through its in tegrated dispute resolution plan. 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