LD 1295, Page 6 - 121th Legislature, FIRST REGULAR Session

if the parties understand that they will not be able to

establish in court an oral agreement reached in mediation, they

can reduce the agreement to a record or writing before relying

on it. Although it is important to note that mediation is not

essentially a truth-seeking process in our justice system such

as discovery, if the parties realize that they will be unable to

show that another party lied during mediation, they can ask for

corroboration of the statement made in mediation prior to

relying on the accuracy of it. A uniform and generic privilege

makes it easier for the parties and mediators to understand what

law will apply and therefore to understand the coverage and

limits of the Act, so that they can conduct themselves in a

mediation accordingly.

2. Encouraging resolution in accordance with other
principles

Mediation is a consensual process in which the disputing
parties decide the resolution of their dispute themselves with
the help of a mediator, rather than having a ruling imposed
upon them. The parties' participation in mediation, often
accompanied by counsel, allows them to reach results that are
tailored to their interests and needs, and leads to their
greater satisfaction in the process and results. Moreover,
disputing parties often reach settlement earlier through
mediation, because of the expression of emotions and exchanges
of information that occur as part of the mediation process.

Society at large benefits as well when conflicts are
resolved earlier and with greater participant satisfaction.
Earlier settlements can reduce the disruption that a dispute
can cause in the lives of others affected by the dispute, such
as the children of a divorcing couple or the customers,
clients and employees of businesses engaged in conflict. See
generally, Jeffrey Rubin, Dean Pruitt and Sung Hee Kim, Social
Conflict: Escalation, Stalemate and Settlement 68-116 (2d ed.
1994) (discussing reasons for, and manner and consequences of
conflict escalation). When settlement is reached earlier,
personal and societal resources dedicated to resolving
disputes can be invested in more productive ways. The public
justice system gains when those using it feel satisfied with
the resolution of their disputes because of their positive
experience in a court-related mediation. Finally, mediation
can also produce important ancillary effects by promoting an
approach to the resolution of conflict that is direct and
focused on the interests of those involved in the conflict,
thereby fostering a more civil society and a richer discussion
of issues basic to policy. See Nancy H. Rogers & Craig A.
McEwen, Employing the Law to Increase the Use of Mediation and
to Encourage Direct and Early Negotiations, 13 Ohio St. J. on
Disp. Resol. 831 (1998); see also Frances McGovern, Beyond
Efficiency: A Bevy of ADR Justifications (An

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