Ready...Set...Mediate - Chapter 11 - AAA Handbook on Mediation - Third Edition

Author(s):

Peter J. Comodeca

Page Count:

9 pages

Published:

April, 2016

Practice Areas:

Dispute Resolution & Litigation,

ADR,

Mediation,

Mediators

Author Detail:

Peter J. Comodeca is a Partner at Calfee, Halter & Griswold in Cleveland, Columbus, and Cincinnati, Ohio. Mr. Comodeca’s practice focuses on construction, energy, oil and gas, and complex manufacturing and commercial disputes, both in the United States and internationally. He is a member of the AAA’s Blue Ribbon Panel of Arbitrators and serves routinely as an arbitrator and mediator for domestic and international disputes, including matters governed by the ICDR, ICC, and LCIA rules. Mr. Comodeca received a B.S. from the United States Military Academy, a J.D. from Harvard Law School, and a LL.M from the Judge Advocate Generals’ School.

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Description:

Originally from:

AAA Handbook on Mediation - Third Edition

Peter J. Comodeca

I. Introduction

Regardless of one’s position on mediation, it has become an integral part of the legal process in the United States. Given the crowded dockets most courts must contend with, the use of alternative dispute resolution methods, such as mediation, is only likely to increase in the future.

It is imperative that lawyers and clients be familiar with the fundamental aspects of mediation. They must be able to recognize when it may be in their best interest to mediate, or how to proceed when required to mediate by court order. Proper knowledge of mediation techniques can help an attorney avoid unnecessary surprises in the process.

This chapter will help attorneys identify issues to consider before agreeing to mediation.

Parties involved in a dispute participate in mediation either voluntarily or involuntarily. Often, parties recognize the benefits of mediation and choose to mediate voluntarily. The most common method used to commence mediation is by entering into a contract or agreement identifying mediation as a dispute resolution mechanism.

In the absence of a contract requirement, the parties may agree, after a dispute arises, to pursue mediation to resolve the dispute. However, mediation is not always chosen by the parties. It can be imposed involuntarily. Generally, this occurs pursuant to a court order or directive.