Page 30 - Expert Witness

There are a number of different ADR procedures utilized to resolve disputes. Two of the more common
procedures are mediation and arbitration.

Mediation

Mediation is an ADR process in which parties to a dispute voluntarily meet with a neutral third party, or
mediator, to try to resolve their differences and reach a mutually agreeable settlement. The mediator is
jointly selected by the parties. The mediator does not render an opinion. The mediator’s role is to view
the dispute objectively and to assist the parties in exploring various alternatives to settling their dispute.

There are a number of benefits to using the ADR process of mediation, including the following:

 Control. In mediation, the parties have active roles in the process, from selecting the mediator to
agreeing on an outcome.

 Speed. Mediation can occur very early during a dispute. Mediation is less formal than litigation,
thus increasing the chances for a quick resolution.

 Cost. Parties that choose mediation tend to save money on legal fees and staff time.

 Confidentiality. Unlike litigation, the mediation process lends itself to private and confidential
meetings and settlements.

The mediation process has several phases and activities. Mediation is less formal than arbitration and lit-
igation. The mediator does not conduct evidentiary hearings and parties to the dispute do not call wit-
nesses to provide direct testimony. Rather, the mediator holds a series of joint and separate meetings in
an effort to understand the dispute and help the parties reach a mutually agreeable settlement. Thus, the
practitioner will not be retained as an expert witness for mediation. However, the practitioner can pro-
vide a number of different services and contribute significant value to this process as a consultant. A
brief description of the phases or activities involved in mediation and ways the practitioner can provide
valuable services are included in the following chart.

Phase Phase or Activity Description Practitioner’s Potential Services
Dispute A dispute is the subject of the potential or end-
ing mediation.  Dispute development and preparation

 Fact finding

 Investigation

Pre-request for Mediation Prior to filing a formal request for mediation,
the parties will gather information related to the  Assist in preparing the request for me-
dispute. diation

 Case assessment

 Case budgeting

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