mediation: a tool for resolution and revenue christine a. derdarian, j.d
TRANSCRIPT
MEDIATION: A TOOL FOR MEDIATION: A TOOL FOR RESOLUTION AND REVENUERESOLUTION AND REVENUE
Christine A. Derdarian, J.D.Christine A. Derdarian, J.D.
Disputes in State GovernmentDisputes in State Government
Filing litigation on behalf of state Filing litigation on behalf of state agenciesagencies
Defending state agencies Defending state agencies against litigationagainst litigation
Frame of reference always Frame of reference always win/losswin/loss
Litigation perpetuates win/loss Litigation perpetuates win/loss mentalitymentality
Winning cases sometimes costs Winning cases sometimes costs moremore
Concerns of state agenciesConcerns of state agencies -Ballooning workloads-Ballooning workloads -Less staff-Less staff -Smaller budgets -Smaller budgets
Mediation-The AdvantagesMediation-The Advantages
Confidential, private, voluntary Confidential, private, voluntary process used to resolve process used to resolve disputesdisputes
Parties retain controlParties retain control Full opportunity to express Full opportunity to express
concernsconcerns Higher level of complianceHigher level of compliance Each party is required to listen Each party is required to listen
to the otherto the other Faster and less expensive than Faster and less expensive than
litigationlitigation Reduces effects of power Reduces effects of power
differentials and advocates’ differentials and advocates’ skills skills
Mediation-The DisadvantagesMediation-The Disadvantages
No precedents createdNo precedents created No guarantee of No guarantee of
resolutionresolution
Who Benefits From MediationWho Benefits From Mediation
The CourtsThe Courts Government AgenciesGovernment Agencies CompaniesCompanies Professionals/Clients Professionals/Clients IndividualsIndividuals FamiliesFamilies Employers/EmployeesEmployers/Employees EveryoneEveryone
Mediation in Your AgencyMediation in Your Agency
Workload/loss of controlWorkload/loss of control Mandate to collect property taxesMandate to collect property taxes Revenue critical to the localeRevenue critical to the locale Efficient government earns Efficient government earns
respect and compliancerespect and compliance Savings in moneySavings in money Savings in timeSavings in time Creates trust and cooperationCreates trust and cooperation Eliminates need for administrative Eliminates need for administrative
hearingshearings Brings in revenueBrings in revenue Replaces win/lose model with Replaces win/lose model with
win/win modelwin/win model Creates mutuality in problem Creates mutuality in problem
solvingsolving Recognized by many state Recognized by many state
jurisdictions and legal institutions jurisdictions and legal institutions
Mediation ProtocolMediation Protocol Decide upon a uniform system Decide upon a uniform system
of mediationof mediation Refine notice procedures to Refine notice procedures to
taxpayers indicating taxpayers indicating availability/requirement for availability/requirement for mediationmediation
Know factual and legal issuesKnow factual and legal issues Know your bottom lineKnow your bottom line Bring in outside mediator to Bring in outside mediator to
ensure neutrality and control of ensure neutrality and control of mediation environmentmediation environment
Understand litigation is always Understand litigation is always an optionan option
Have policy on press relationsHave policy on press relations Expect the unexpectedExpect the unexpected
Phases of Mediation-The BeginningPhases of Mediation-The Beginning
Decide seating arrangementDecide seating arrangement IntroductionsIntroductions Rules of engagementRules of engagement
-Confidentiality/Signed -Confidentiality/Signed AgreementAgreement-Neutrality of mediator-Neutrality of mediator-Informality of the process-Informality of the process-Ground rules for conduct-Ground rules for conduct-Voluntary participation-Voluntary participation-Note taking-Note taking-Full disclosure-Full disclosure-Mediator is not a judge or trier -Mediator is not a judge or trier of fact and lawof fact and law-Authority to enter an agreement-Authority to enter an agreement-Caucas-Caucas-Agreement as an enforceable -Agreement as an enforceable contractcontract
Phases of Mediation-The MiddlePhases of Mediation-The Middle
Who’s on firstWho’s on first Information sharingInformation sharing Framing the issuesFraming the issues Facilitating discussionsFacilitating discussions Caucas with parties Caucas with parties
separatelyseparately
Phases of Mediation-The EndPhases of Mediation-The End
Parties own the Parties own the agreementagreement
Keep language simpleKeep language simple Put it in writingPut it in writing Make certain all points Make certain all points
are coveredare covered
What the Future HoldsWhat the Future Holds
Pending legislationPending legislation ImplementationImplementation New opportunity to New opportunity to
streamline workstreamline work New opportunity to New opportunity to
achieve complianceachieve compliance New opportunity to New opportunity to
bring in revenuebring in revenue
ResourcesResources
Michigan State Bar-Michigan State Bar-ADR SectionADR Section
County mediation County mediation programsprograms
County bar County bar associationsassociations
Private mediatorsPrivate mediators Reference linksReference links
ConclusionsConclusions
Daunting challengesDaunting challenges Mediation is the wave Mediation is the wave
of the futureof the future Change in mindset is Change in mindset is
worth the effortworth the effort
The EndThe End