Mediation

Civil  Mediation  and  Alternative  Dispute  Resolution

     Mediation, as defined by the Florida Statutes (Chapter 44), is “the process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties.  It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.  In mediation, decision-making authority rests with the parties.  The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.”  (from the ADR Resource Handbook, p. 1).   Mediation is a way for 2 or more disputing parties to resolve their conflicts without the need of attorneys, law courts, or judges.  It enables you and others to negotiate a settlement, with the help of the mediator, in a confidential, private sphere of rational deliberation.

     I first became interested in the practice and theory of mediation while teaching my courses in Political Philosophy (PHI 331) and Philosophy of Law (PHI 332) at the University of Miami.  In the context of doing research for new materials and study guides for those courses, I soon  discovered that, increasingly, a vast number of individuals and organizations are turning to the practices of  mediation and arbitration for the task of resolving their disputes, issues, and problems – rather than appealing to the traditional “adversarial model” of our legal system.   This shift in a preference for mediation and arbitration is due to a variety of reasons (including that mediation often may provide for a more inexpensive and timely resolution to conflicts between individuals and groups – to the idea that mediation and arbitration empower individuals to resolve their conflicts more rationally and fairly -- according to their own terms, values, and ideals (rather than having to resignedly accept “justice” as defined, and imposed, by others).

      My interest in alternative dispute resolution led me to complete a U.S. Supreme Court certified training program in Civil Mediation, at the University of Miami  School of Law, with Mediation Services, Inc.   The program, directed by Melvin Rubin, Esq. and Gary Canner, Esq. (Primary Trainers and pioneers in the field of mediation, arbitration, and ADR), was a fascinating experience on many levels, both philosophical and practical.  The program vividly showed how critical thinking and negotiation skills may be effectively used to resolve virtually any dispute – as long as the parties keep an open mind, and are willing to consider a variety of options and alternatives, with the professional help of the mediator.     

      My philosophical background and experience in the fields of Critical Thinking, Informal Logic, and Argumentation Theory also led me to become interested in the theory and practice of Negotiation Theory (as pioneered by such legal and negotiation scholars as Roger Fisher and William Ury – authors of the popular book, Getting to Yes: Negotiating Agreement Without Giving In, and who have directed and founded the Harvard Negotiation Project, at Harvard University).

     MEDIATION  SERVICES   :  I offer individual consulting for civil mediation to individuals, groups, corporations, and other organizations.  I am also available to collaborate with established mediators and arbitrators throughout the United States, on a variety of cases.   My areas of special interest are in disputes involving Intellectual Property, Freedom of Expression, Censorship, Antitrust cases, Civil Liberties, Labor and Workplace disputes, and cases involving Environmental Law, and Big Business & the Environment.

     I am presently developing  Mediation Strategies  and  Business Alternative Dispute Resolution Strategies for news organizations and corporations with interests in the areas of Journalism and the Mass Media (including book & magazine publishing, television, radio, the Internet, and the Film Industry).

For more information, please email:  rrabinsky@miami.edu            
 

 

                                                                   Copyright  ©  2008  by  Ruben Rabinsky