Department of Behavioral Healthcare Services

Welcome to the Portsmouth Community Mediation Program

WHAT IS MEDIATION?

• Mediation is a process of dispute resolution.

• An impartial third party intervenes in a conflict with the consent of the disputants, and assists them in negotiating a consensual, informed agreement. In mediation, the decision making authority rests with the parties themselves.

• Recognizing variations in styles and cultural backgrounds, the role of the mediator involves assisting the disputants in defining and clarifying issues.

• The goal is to reduce obstacles to communication, explore possible solutions, and reach a mutually satisfactory agreement.

• All mediations take place in a non-threatening atmosphere.

AN ALTERNATIVE TO COURT

In mediation, differences are resolved without going to court. Each party has a chance to share their understanding of the dispute and have an opportunity for others to really listen. With the assistance of an impartial mediator, the participants leave with an agreement that they are involved in developing. The Portsmouth Mediation Program goal is to work closely with the court system and receive referrals from police, magistrates, judges, the community and self referrals.

CONFLICT MANAGEMENT SERVICES

With the support of volunteer mediators, the Portsmouth Mediation Program assists individuals in resolving various types of disputes such as:

Neighbor/Neighbor
Landlord/Tenant
Developer/Community
Business/Consumer
Youth/Youth
Youth/Adult
Institution/Individual

COMMUNITY MEDIATION IS:

• An alternative to the judicial system at any stage of a conflict.

• A forum for dispute resolution at the earliest stages of conflict.

• The use of trained volunteers as the primary providers of mediation services.

• A service to clients regardless of their ability to pay.

• A program that is directly accessible to the public through self-referral. This is designed to reduce barriers to services, including cultural and economic barriers.

PROGRAM GOALS

• To promote the values, understanding, public awareness, and practice of community mediation and collaborative problem solving.

• To develop local community mediation leadership.

• To serve as a city clearinghouse of information on the development and practice of community mediation.

• To serve as a voice and an advocate of community mediation in legislative, policy-making, professional and other arenas.

• To develop and maintain ties with regional, state and national dispute resolution organizations to enhance the growth of Community Mediation.

• To recognize volunteers who provide services to the community with the community based programs.

HOW DOES THE MEDIATION PROGRAM WORK?

There are no rigid rules governing the process of mediation. Generally, there are some common elements to the process.

Introduction
First, mediators will describe the process and their role. They will discuss the Agreement To Mediate form which states specifically that the mediator will not give legal advice. The parties may seek the advice of independent counsel. The mediation process is confidential.

Information Gathering
Mediators will ask each of the parties to describe their view of the dispute and what they may want out of any solution. The parties are given a chance to vent emotions and express views in a safe environment.

Issue Identification
Mediators assist the parties in identifying the main issues in dispute. Mediators will help the parties in understanding each other's interests and needs with respect to each issue.

Generating Solutions
Mediators will then encourage the parties to become problem solvers, to look objectively at the issues, and identify and discuss possible solutions. At times, mediators may use a technique called "caucus" in which they meet with the parties separately and in confidence. This can lead to fuller revelation of the parties' needs and to the development of options for a solution.

Agreement
Once the parties have reached an agreement, the mediator will record the terms of agreement. Once the mediator drafts the agreement, the parties may have an attorney review the agreement prior to signing it.

A signed agreement may be enforceable as a contract. If a case is pending in court, it can also be entered as a court order by the judge dismissing the case.

CASES NOT APPROPRIATE FOR MEDIATION

• Matters for which you want to establish legal precedent.

• Family cases where there is ongoing physical or psychological abuse.

• Cases where there is an extreme inequality of knowledge or sophistication of the parties.

THIS PROGRAM IS MADE POSSIBLE BY A GRANT FROM THE PORTSMOUTH GENERAL FOUNDATION