Innovative Dispute Resolution Technique.
This article covers the innovative dispute resolution technique of mediation. Mediation is a voluntary and informal process for solving disputes. This process helps parties jointly make decisions about ways to address the issues in their dispute, so they can negotiate a compromise and avoid litigation of their dispute. The individuals involved in the mediation ultimately determine the outcome. Mediation is a flexible tool that enables parties to develop a solution that meets both their needs and that might not be available under the judicial process (Corley, 1999).
In this case, the parties involved chose to utilize the mediation process to settle their dispute, instead of going through a litigation process. The parties involved included the mediator, Doug, the plaintiff, Lori and her attorney, the defendant's attorney, Jim and Sue, the insurance adjuster. The plaintiff's attorney presented her case. Lori suffered an injury when the defendant's car ran into hers. Her attorney described the accident and the aftermath in detail. She also itemized the monetary damages that the plaintiff suffered due to this unfortunate accident. These damages included time off from work, medical bills, and pain and suffering. The total settlement demanded by Lori's attorney was $16,275. The defense attorney presented his clients case, by asking whether Lori needed so many visits to her chiropractor. He concluded his presentation and made a counter offer of $2,000 (Rasley, J, 2002).
The mediator, Doug, escorted the insurance adjuster and the defense attorney into a separate room, where they could negotiate a beneficial settlement. Within two hours of negotiations, the mediator returned to Lori and her attorney with a final offer of $8,750. If Lori did not accept this offer, she would have to settle her case in an actual court and pay expert witnesses $2,000 of any damages awarded to her by the court.
