Ray Saintonge wrote:
Jussi-Ville Heiskanen wrote:
Let's review where the Mediation/Arbitration system currently stands in practice:
*The genuine custom for mediation is somewhere between zero and zip.
*Mediation is requested as a method of trolling. So far only once successfully.
*Mediation is requested and once it starts, one or both of the disputants will insist on behaving as if it were arbitration. (This has happened more than once, but which cases, I will not disclose)
This suggests that they don't understand what mediation is about. Perhaps each party to a mediation should receive an information page explaining what mediation is as soon as that process is initiated.
For mediators in the real world, one of the big challenges is educating people on how the process works. They all labor under the misconception that it's an adversarial process like the rest of the legal system.
--Michael Snow