Video Transcript

The Center for dispute is a private, non profit organization, considered a community dispute resolution center program.

Rather than going to court to resolve their issues, people can sit down with a mediator, a neutral third party, to hopefully work out what their differences are, and set that down into an agreement on paper.

Mediation is a process that allows people to have a constructive dialogue that helps them clarify their issues, put them on the table, and come up with a way to reslove their issues peacefully.

We are supported primarily by the unified court system, not exclusively, but probably about 60% of our funding comes from the unified court system through the state of New York.

Intake is generally done by the program manager or the case manager.  This is a meeting before the mediation process begins.  I talk to them about the process and the process is where the parties learn how confidential our agency is.  The case manager would meet with one or both parties, to talk about what their concerns are, explain the mediation process, and make sure they understand.

Most of the people who are referred to mediation have either started a court process or in some way talked to a judge or a clerk about having their dispute or concern resolved by a judge.

During a court setting, when the parties have come in after a filing of a petition, the statements that are made in court and the items of evidence that are introduced in court all occur in a public process (family court).  Family court is open to the public unless there's a specific application made to close the court.  Mediation provides a much more private setting for the parties to discuss their differences and to work together to try to come to a resolution.

It's very intimidating for parents to go before a judge, and that's true of any court.  The judge has all of the authority and they know that he or she can make decisions that will affect the rest of their lives and their children's lives.

The court has laws and penal codes that sets it's boundaries.  Mediation puts the responsibilty for resolution back on the parties in dispute.

People are often referred to mediation by a judge.  But, we want people to understand that the process is voluntary.   We let people know that if they feel the need for legal advice, they may want to talk to an attourney, but they would not need to hire an attourney to come to mediation.

Mediation is generally offered to people at no charge.  The court system has funded the program so people do not have to pay and so they're incouraged to attend.

The court system is open to whoever wants to come into the room and listen to your business.  It's just an open process.  Mediation is a very confidentail process.  When people come to a mediation session the door is closed and it is private. 

Mediators are specially trained, community individuals.  They aren't necessarily attorneys or councelors.  They come from all walks of life.  They attend a specialized training (40 hour program) and then they go through a structured apprenticeship which takes somewhere between 6 months to 1 year, to become a certified mediator.

It's also important to note that in our family court program, most of couples that come through our program have not been married.  They may have a child or children in common, but they have not been married.  Mostly because married couples, or divorcing couples are handled in supreme court, and in family court, they are not discussing the matter of divorce.  They do not have jurisdiction over divorce.  So in family court, most of the clients we have been getting have not been married, many have not lived together. 

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