INFORMATION FOR ATTORNEYS
The Mediation Center was established by the Dispute Resolution Act of 1991 as a private non-profit organization to broaden public access to justice by providing community access to professional mediation services. Today, TMC is a respected leader within a nationally recognized system of community-based mediation centers that are considered pacesetters in the field of dispute resolution.
At The Mediation Center we make use of all of the tools in the mediation tool box in taking an omnipartial approach to mediation. That is, as impartial third parties we see our role as helping both sides engage in the conflict more productively and constructively.
Services are delivered through a professional staff of five with state-of-the-art expertise in the areas of conflict resolution, consensus building and collaborative strategies and the commitment of more than 100 professionally trained mediators who contribute their time and talents.
The Center operates under statutory guidelines, policies and procedures, and a Code of Ethics approved by Nebraska’s Supreme Court and Office of Dispute Resolution.
Mediators are trained and experienced in an interest-based, problem solving model of mediation. Some have had additional training and experience in a particular area of interest such as Family Mediation, high conflict cases requiring Specialized Alternative Dispute Resolution (SADR) training, and the use of a facilitative model under the Nebraska Parenting Act.
The mediation process itself is structured so that persons unfamiliar with the process will quickly become comfortable. The mediator works with each person until an agreement is reached that is acceptable to everyone. The agreement is put in writing and signed by the people involved, with the advice of their attorneys.
Role of Attorneys in our Process At TMC we believe pre-mediation preparation with attorneys and their clients can be beneficial in working toward a win-win resolution for all parties.
Attorneys can benefit their client in a variety of ways before, during, and after mediation.
- Determine the appropriateness of mediation for their client’s case.
- Select an appropriate mediator
- Prepare the case for mediation
- Prepare the client for mediation
- Negotiate the decision to mediate
- Collaborate with the mediator prior to the mediation
- Support the client in sharing their story
- Support the client in understanding their interests
- Provide the client emotional support and counsel
- Actively encourage the development of creative ideas
- Assist with the generation of legal and non-legal options to meet the client’s interests, as well as interests of the other party
- Provide legal advice
- Assist in reality-testing options generated
- Review with the client their BATNA (Best Alternative to Negotiated Agreement), WATNA (Worst Alternative to a Negotiated Agreement), and PATNA (Probable Alternative to a Negotiated Agreement)
- Assist the client with decision making in light of their interests and legal rights
- Assist in the drafting of a mediation memorandum of understanding
- Advise client regarding next steps
- Review the Memorandum of Understanding
- Craft the final written agreement
- Confirm the final written agreement contains all necessary elements/provisions
- If the mediation is not successful, assess options/next steps
Mediators are neutral facilitators, and it is not their role to give legal advice or to counsel the parties regarding the choices they make. The Mediation Center encourages and advises you to consult an attorney or other professional for advice, and to help you understand and become familiar with your individual circumstance.
Please call or email us with any questions you may have about the mediation process, our qualifications or coaching.
To arrange for a mediation or to refer a case for mediation simply call the office at 402.441.5740.
A case manager will answer any questions or concerns over the phone. If you decide to proceed our staff will open a file and send an invitation to mediate to all parties. Once all parties have consented to mediate the case will be scheduled.