What is mediation?
Mediation is a voluntary,
confidential process where a neutral third-party (the mediator), helps parties in
conflict come together to talk and decide how to resolve their dispute. The mediator
does not take sides or make decisions for the parties. The mediator enables and
empowers the parties to reach an agreement that they both can live with.
How does mediation
work?
At the mediation,
the mediator will give both parties an opportunity to express their point of view
in a safe, comfortable environment. In most cases, the parties and the mediator
will initially be in the same room. At different times throughout the mediation
process, the mediator may meet with each party privately while the other party waits
outside. The private meetings allow the parties to share information with the mediator
and come up with and test possible solutions and ideas with the mediator, before
presenting them to the other party.
The mediator will
try to help the parties reach an agreement that is fair and acceptable to both parties.
The mediator serves as a guide for the process, while the parties create the agreement.
What does it mean
that the mediation is confidential?
It means that whatever
you say in mediation (whether it is when you and the mediator are talking alone,
or when you and the other party are talking with the mediator), will not be repeated
outside the mediation by the mediator.
If the mediation
is not successful and you go to court, the mediator cannot be subpoenaed or required
to testify in court, nor can any/all records or paperwork from the Center be used
in the Court proceeding.
What does it mean
that the mediation is voluntary?
It means that both
parties must agree to mediate. If one party does not want to participate, then the
mediation cannot occur. Either party may end the mediation at any time, for any
reason.
What if I don't
want to settle in mediation?
That is your choice.
The mediator will not tell you what to do. If you and the other party are unable
to come up with an agreement in mediation, then you can take other action such as
filing a Claim in Court (or return to court if you have already initiated a Complaint)
or initiate an arbitration.
What if the other
party does not agree to mediate?
If you would like
to mediate, the Case Manager or mediator (depending on where you initiate the mediation),
will encourage the other party to agree to participate. However, mediation is a
voluntary process, and no one will be required to mediate.
What are the advantages
of mediation?
Mediation gives you
and the other party the chance to resolve the dispute yourselves. Most people are
more satisfied with resolutions that they develop themselves, than those that are
imposed on them. You can resolve your claim in mediation in much less time than
it would take to complete an investigation and get a decision in the regular process.
In general, mediation
is less costly and faster than arbitration or litigation.
Should I bring
an attorney to the mediation?
You may bring your
attorney to the mediation, but counsel is not required. Usually only the disputing
parties and the mediator are present at the mediation session to encourage conversation
between the parties themselves and minimize the adversarial nature of the dispute.
If an agreement is reached and put in writing, you can take the agreement to your
attorney for review before signing it. You may also contact your attorney via telephone
at any time during the mediation.
Should I bring
witnesses to support my case?
No. There are no
witnesses or judges at a mediation session. Generally, only the disputing parties
and the mediator are present at the mediation. The purpose of the mediation is not
to determine who is right or wrong. Instead, the purpose is for the parties to talk
with each other and to work out a mutually acceptable agreement to settle the dispute.
Who are the mediators?
The Mediation Center
of the Pacific and the Community Mediation Centers on the neighbor islands, provide
trained volunteer mediators. These mediators have completed specialized training
and have significant mediation experience. The mediators are assigned by the Case
Managers according to the issues in the dispute and the training of the mediator.
What is the difference
between mediation and arbitration?
Although less formal, arbitration
is similar to court. In arbitration, both sides present their positions to the arbitrator,
including witnesses and evidence, and the arbitrator then makes a decision. In mediation,
the mediator does not render a decision. Instead, the mediator facilitates communication
between the parties and helps them come up with ideas that will resolve the situation.
Any agreement that arises out of a mediation is mutually decided and agreed upon
by the parties themselves.
The Mediation Center of the Pacific
The Mediation Center
of the Pacific, established in 1979, is one of the oldest community dispute resolution
centers in the United States. The Center has trained hundreds of mediators who have
assisted in the resolution of thousands of disputes. The Center works with numerous
community, business and government entities to resolve a wide variety of problems
involving organizational disputes, employee concerns, neighbors, landlords and tenants,
families, parents and children, divorcing couples, adult and juvenile criminal offenders
and their victims, condominiums, and special education parents. In addition, the
State of Hawaii Judiciary contracts with the Center to provide on-site court mediation
for all Small Claims Court cases in Honolulu and other services to the Courts, including
development of alternative dispute resolution programs.
THE HISTORY
The Neighborhood
Justice Center of Honolulu, Inc. was incorporated on August 15, 1979. The original
name of the organization was the Makiki Neighborhood Justice Center, Inc.. On November
6, 1999, the name was changed to The Mediation Center of the Pacific, Inc., to reflect
the broad array of services and programs developed and managed by the Center.
The idea for the
Center originated from the Makiki Neighborhood Board as a positive step for resolving
neighbor disputes in a peaceful manner. Attorney Bill Burgess, took the initiative
to secure funding from the US Dept. of Justice to support the venture. Bill and
many of the other founding members and mediators, continue to be actively involved
with the Mediation Center today.
The organization
was originally located in a plantation house at Makiki Park, until moving to the
Queen Emma building in 1982. Early on, the Center worked with Family Court to address
domestic issues and with the Office of Consumer Protection in dealing with Landlord
Tenant and used car cases. The Center was accepted as an Aloha United Way agency
in 1982.
THE CENTER
TODAY
Today, the Center
is located at 680 Iwilei Road, Suite 530 where mediation is provided in one of three
mediation rooms. Seven full time and two part-time staff work with the nearly two
hundred volunteer mediators who mediate conflicts in a broad array of areas.
The Center's current
mission is to provide and promote high quality mediation and dispute resolution
services that are accessible and affordable. In support of this mission, the Center
actively collaborates with other agencies and groups to offer on-site mediation
in outlying communities such as Waianae, as well as provide specialized programs
such as juvenile restitution, special education, civil rights, condominium and more.
The Center has also broadened the types of services it provides by offering meeting
facilitation and customized training in mediation, conflict resolution and facilitation
through the Conflict Management Program. The Program has enabled Center staff to
train hundreds of individuals in businesses, other agencies and within the community,
thereby promoting a broad understanding of and use of alternative dispute resolution.