The National Arbitration Forum Blog

Mediation, a form of alternative dispute resolution, may be the perfect tool to resolve sticky campus disputes without the expense and delay of going to court, according to ADR professional Ruth D. Raisfeld who authored Coming to terms for the September issue of University Business.

What is it about mediation that can save colleges and universities the expense and distraction of disputes that can drag out and even end in litigation? In her article she writes:

Mediation gets all the parties and counsel in a room at the same time for a condensed and focused discussion of the problems that may otherwise take weeks, months, or years. Those involved in campus disputes are familiar with the seemingly endless months of phone tag and unanswered correspondence or e-mails, which delay and deter full discussion of the issues and possible resolution proposals.

It can be a challenge even to get parties to focus until there’s a crisis or some other deadline. A mediation at which counsel and decision-makers for the parties must be present provides a unique opportunity for all stakeholders to be focused on the issues and interests that led to the dispute in the first place. Sometimes the mere scheduling of a mediation forces counsel and the parties to pick up a file, review the facts, law, and outstanding issues, and brainstorm possible ways to achieve a resolution. Read on…

Mediators are often members of a court-annexed panel or associated with a dispute resolution organization such as the National Arbitration Forum, the American Arbitration Association, or JAMS. Independent mediators, either on a panel or practicing solo, tend to have specialized expertise in a relevant industry or with certain types of disputes, such as campus disputes.

See Also:

• Students Spread the Good Word of ADR with Advocacy Program