Adr Reaction Paper.docx

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Mediation is a process where parties are given opportunity to resolve their differences quickly and without the costs of litigation. It is the opportunity to settle conflicts between parties through the help of a neutral third person known as the mediator. The mediator will not tell the parties what the resolution is, the party will do it for themselves. Everything disclosed in the mediation process will be kept confidential. The first part of the mediation process is the First Joint Session where the two parties will bring up each other’s allegations and defend each other’s side. The first one who will narrate his side is the plaintiff. After the Joint Session, the second part is the Mediator’s Break where the mediators will go over their notes and discuss the arguments of the parties. The third part of the mediation process is the Private Sessions where the mediators will talk to the parties individually. Before the end of the private session, the mediators will ask each party if there is anything that they wanted from the conversation to be kept confidentially and not to be relayed to the other party. The last part of the mediation process is the Final Joint Session where both the parties will come up with an agreement with the help of the mediator and to be signed by both of them. On the first video, the conflict involves two neighbors Burt and Josh. Burt alleged that Josh intruded and mowed Burt’s property particularly his lawn and wiped out his rose bush. The rose bush was sentimental to Burt because it was planted by his children in honor of his wife who passed away. Josh defended himself and said that he has no knowledge of the sentimental value of the rose bush and that he only cut it down because the lawn was already messy and he only did it to help Burt. In the private session, Burt admitted that he lost his temper and was just emotionally shocked. Josh on the other hand said that he wanted to go and meet his neighbors however he has no time due to his work. At the end of the mediation process, both parties apologized to each other. They both came up with an agreement that first, Burt would have to keep his lawn neat and secondly, that they would start developing good communications and relationship with each other. On the second video, the parties are also neighbors. George alleged that Melissa’s dog dug up his flower garden and he wanted to be reimbursed for the damage. He demanded $600 and he wanted the dog to be restrained. Melissa denied George’s allegation and said that his dog cannot do such act. In the private sessions, George said that he wanted Melissa’s dog to be out of his garden. He also said that he has no problem with Melissa because she has been a good neighbor, and that his only concern is her dog. Melissa on the other hand said that he and George had been good neighbors for the past years and that George also liked her dog. In the Final Joint Session, both parties agreed that if George

drops the suit, Melissa would either restrain his dog or install an electronic fence. And in return, George would help Melissa in her garden.

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