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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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