Mediation takes a different approach than litigation to solving problems, and there are many types of mediation aimed at resolving different situations.

This week is the American Bar Association’s Mediation Week, so The Daily Record is taking a look at the role mediation can play.

“A lot of time when people are in conflict, they just need an opportunity to talk and share their point of view,” said Dan Bechtol, executive director of the Concord Mediation Center in Omaha. “We provide that, and we provide an opportunity to hear where the other person is coming from. A lot of times those issues can be resolved. When you stop communicating, the information breaks down and that leads to conflict.

Bechtol said that different mediation styles include facilitative and evaluative mediation, two principal types. There is also transformative mediation and different mediation styles that are regional.

“In Nebraska, and through the Office of Dispute Resolution and the Parenting Act, we primarily utilize a facilitative mediation approach which is client centered and client driven,” Bechtol said. “We help to facilitate the discussion between the disputants to support them in identifying issues and problem solve to come up with mutually agreeable solutions.”

Bechtol said any time there’s a dispute, mediation falls on a continuum of intervention.

“Currently in Nebraska, we provide mediation in farm credit mediation, neighborhood disputes, community disputes, employment and business disputes, parenting plans or domestic relations —  custody actions, modifications,” he said. “We provide mediation in small claims disputes, mediation in housing and tenant eviction disputes — even to include child welfare, mediation is utilized for youth and families that have truant youth, those experiencing challenges with participating in schools.”

Bechtol said that mediation can be appropriate in any dispute, but it really depends upon the parties, the power dynamics and ability of the parties to participate and engage and have a voice.

“We always want to make sure people have their voice and participate in a safe manner. In parenting act mediation, we assess to see the appropriateness of the parties for mediation but if there are issues identified we specialize in alternative dispute resolution,” he said.

Parties in those cases participate on separate days and times, and they aren’t in the same room.

“But they are able to have their voice heard,” Bechtol said. “The mediator helps to facilitate the dialogue between the parties in a safe manner.”

Bechtol said that mediation and alternative dispute resolution can be traced back to Indigenous people in talking circles.

“Now it’s a more normative process as a way for the public to resolve conflict,” he said.

The benefit of mediation is it gives people an early opportunity to work through and address issues, Bechtol said.

“It’s private and confidential. If matters can be resolved then there’s no need for formal litigation,” Bechtol said. “But mediation also safeguards parties’ rights to seek additional resolution through arbitration or through the courts.  It helps people to have more autonomy in their decision making early. The further down the road it goes the less decision making they have.”

Bechtol said cases go to mediation through different paths. The Concord Mediation Center is one of six across Nebraska, and it serves the Omaha metro area.

“The Douglas County Conciliation Court will make a recommendation for using Concord Mediation,” Bechtol said. “In Douglas and Sarpy counties, they can contact us individually as long as both parties are agreeable to it.”

David Woodke of Woodke Mediation is a civil litigation mediator who uses the evaluative method.

“In mediating civil disputes, personal injuries, property damage or construction disputes, I analyze, with the parties, the facts and law of their case and balance the risk and costs of going forward versus the benefits of settling the case at mediation,” Woodke said.

His approach is in contrast to restorative mediation, which is used “for disputes that arise in such cases as family, neighborhood or corporate employee issues where no relationships are in crisis,” he said. Woodke said almost all dispute issues are ripe for mediation.

“Parties and their attorneys need to proceed to mediation at the earliest time to avoid the costs of dragging the dispute out, whether in litigation or not,” Woodke said.

If mediators are successful, they have the opportunity to tell the parties — in an evaluative and risk-avoidance way — information about their cases that the attorney may not be able to tell their client, he said.

Bechtol said mediators help attorneys by processing the case and helping parties have a grounded conversation. He said mediators can get in the emotions and elevated personalities, and they help them parcel out what’s going on and separate the positions from issues.

“We have the time to have good conversations about what options might be available to them,” he said. “We help support them and brainstorm possible outcomes.”

He added that a hallmark of mediation is separating people from their problems.

“We are focusing on the questions that need answers as opposed to focusing on each other as the problem,” Bechtol said.

Kristine Roberts, executive director of the Nebraska Mediation Association, said either clients or their attorneys can seek mediation.

“Any conflict is suitable for mediation,” Roberts said. “Literally, a fight with a friend where a solution can’t seem to be found is appropriate for mediation.”

Attorneys can benefit by seeking the support of a mediator to help their client figure out a solution to their conflict, she said.

“If the mediation is successful, the attorney would have less work to do and a more satisfied client,” Roberts said. “Otherwise, mediators can help attorneys the most by educating them on the benefits of mediation and encouraging attorneys to refer their clients to mediation first.”

Roberts said the public can ask questions of the Nebraska Mediation Association. For more information about the association, visit nemediation.org. For more about the Concord Mediation Center, visit

concordmediationcenter.com. For more about Woodke, visit woodkegibbons.com/Mediation-Services.php.

ABA Plans Mediation Week Virtual Programs

The Daily Record

ABA Mediation Week, an annual event that celebrates the growth of mediation as a dispute resolution process, begins Monday with a week of virtual programming emphasizing how mediation can help with options to better resolve future conflicts and minimize, if not avoid, lengthy legal disputes.

Advocates of mediation say the process saves time and money and is less of a drain on emotional resources compared to litigation. With courtroom access still curtailed in some U.S. areas and delays continuing in civil cases because of the COVID-19 pandemic, mediation has emerged as an important tool in providing access to justice for various parties.

 Altogether nearly two dozen programs will be offered during the week. Some of the highlights include:

• Tuesday, Oct. 19, 11 a.m. to noon: “Talent: The Value Non-Lawyers Bring to the ADR Table” — Panelists will discuss the future of alternative dispute resolution, what the conflict resolution landscape looks like and the benefit non-attorneys bring to the ADR process. Arbitration panel members in the construction industry, for example, have found that a technical, non-lawyer arbitrator adds needed depth and subject matter expertise to the otherwise fact-intensive nature of construction disputes, which are normally driven by myriad factors unique to construction and design. Issues that arise in the insurance industry are another example.

• Wednesday, Oct. 20, 2 to 3 p.m.: “Diversity and the New Mediator Pipeline” — A lack of diversity in mediation continues to present challenges, resulting in social consequences and untapped mediation talent. A panel of emerging mediators from diverse backgrounds will discuss barriers to entry for new practitioners, particularly for underrepresented groups, as well as strategies for building a mediation practice and creating a supportive and inclusive ADR community.

• Thursday, Oct. 21, 11 a.m. to noon: “Saving People’s Homes: The Creation, Implementation and Results of Connecticut’s Foreclosure Mediation Program, Connecticut’s Housing Mediation Program and Philadelphia’s Eviction Diversion Program” — Mediation provides an opportunity for parties to discuss concerns, understand each other’s perspectives, learn how to better communicate when future issues arise and work together toward a resolution. When parties participate in good faith, a mutually beneficial agreement is reached about 85% of the time. This program explores three successful programs in dealing with the housing crisis.

• Thursday, Oct. 21, 12:15 to 1:15 p.m.: “Managing Cultural Differences in Mediation” — The pandemic has brought to the surface underlying racism in the U.S. against minorities such as Blacks, Asians and Jews. The #MeToo movement also spotlighted discrimination against women. This program brings together Black, Asian and Jewish mediators to discuss the challenges that they and their disputants face in mediation and during the pandemic, and how these challenges can be overcome so that conflict will not disrupt the future.

• Thursday, Oct. 21, 2 to 3 p.m.: “How to Overcome Your Implicit Bias and Develop Cultural Competency” — Low tolerance, biases and lack of cultural sensitivity are frequently the source of conflict. Addressing these issues is particularly important with hate crimes on the rise. This program will provide insights into how best to manage biases, overcome the challenges presented in multicultural communication and enhance cultural competency skills.

Find a full agenda at bit.ly/3vaOupT. Mediation Week is a national event supported by legal and other groups across the U.S. and is sponsored by the ABA Section of Dispute Resolution.