• What is mediation?
• What happens in mediation?
• What are the advantages of mediation?
• What are the disadvantages of mediation?
• What if I need a lawyer?
• What if I have a complaint against SIU?
• What if have a complaint against a landlord?
• How do I find a mediator?
• What if I want to file a complaint in Small Claims Court?

What is mediation?
Mediation is a useful way for college students to resolve disputes they have with merchants, neighbors, roommates and friends.

Mediation is a way to resolve disputes. The people who have the disagreement decide whether to resolve it and how to resolve it. Mediation uses a third party, called a mediator, to help the people try to resolve the disagreement. The mediator helps them talk about the problem, understand why they are in disagreement, consider how they might resolve the dispute, and find solutions that help all in the disagreement. The mediator does not make decisions for the parties nor does the mediator give legal advice nor psychological counseling.

What happens in mediation?
Usually, the parties meet with the mediator in an office, typically around a table in a conference room. Only the parties and their attorneys attend, but you do not need an attorney unless you want one. (In some cases, such as family cases, lawyers usually do not attend.) Witnesses and friends do not attend. There is no court reporter or tape recording.

The mediator begins by explaining what mediation is and asking if anyone has any questions. The mediator then calls on each person, one at a time, to talk about the concerns that bring them to mediation. The attorney or the party may speak. The mediator may ask some clarifying questions and summarize. Then the mediator may ask additional questions of everyone. Once the mediator believes the matter has been discussed in sufficient detail, the mediator will ask everyone to focus on ways to resolve the dispute. The parties, with the mediator's help, will think of ideas and discuss whether they are feasible and helpful. The mediator may keep everyone in joint session for these discussions or may separate them for private discussions.

If an agreement is reached, the mediator will recite the terms to everyone and ask if they agree. If they do, the mediator will usually draft an agreement at the mediation and ask everyone to sign it. There may be additional documents that the lawyers need to prepare after the mediation is completed. In family cases, mediators usually write up the terms of the agreement and send those terms to the parties to review with their attorneys before signing.

The mediator may stop the mediation when in the opinion of the mediator, no further purpose will be served in mediation. Even where no agreement is reached, though, mediation can help to narrow the issues in dispute or outline possible resolutions to consider or help the parties plan for their next steps.

What are the advantages of mediation?
Privacy is one of the main advantages of mediation. What is said in mediation is generally not disclosed. The Uniform Mediation Act of Illinois makes mediation privileged with certain exceptions.

Another major advantage of mediation is control. Because all the parties to the disagreement must agree to any agreement reached in mediation, the parties retain control. No decision is forced on the parties. The parties are free to reject any resolutions suggested and to seek a trial or use other means available to them.

A third major advantage of mediation is the ability to design resolutions that fit the needs of the parties in disagreement. The more honest both sides are willing to be concerning what they need, the more creative the parties can be in designing a solution that meets their needs. A judge or jury may not have that creativity.

Mediation can help parties resolve disputes earlier. Resolving matters early saves time and money. Also mediation is less formal than court proceedings; many people find mediation less stressful.

What are the disadvantages of mediation?
Because mediation is voluntary, if one party refuses to mediate, there will be no mediation. Also even though the parties come to mediation, there is no certainty that they will reach an agreement. Thus, there can be some lost time and money pursuing mediation but not reaching agreement. Also one party may use mediation to find out the thinking of the other party, without intending to work out an agreement.

Someone considering mediation should weigh the pros and cons. An attorney can help in deciding whether to mediate and if so, when. Many people believe that the risks are minor because you can always leave mediation and pursue whatever rights you had prior to starting mediation.

What if I need a lawyer?
Students at Southern Illinois University are entitled to free legal assistance through Student Legal Assistance. Call (618) 536-6677 for legal advice and for guidance as to whether mediation is appropriate for your case. Student Legal Assistance cannot represent one student against another; if you complaint is against another student, consider mediation.

If you are not a student at SIU, try:

• Illinois Lawyer Finder
  
• Legal Services: 877-342-7891
• Self Help Legal Center of Southern Illinois
  

What if I have a complaint against SIU?
Students with complaints against the Southern Illinois University or one of its personnel should contact the office of the Ombudsman (618) 453-2411

What if have a complaint against a landlord?
Mediation may be useful. IF you are an SIU student, however, try getting help through Student Legal Assistance at (618) 536-6677 before you mediate so that you know your rights and obligations.

If not an SIU student, read the material on landlord and tenants rights at the Self Help Legal Center of Southern Illinois.

How do I find a mediator?
The Alternative Dispute Resolution (ADR) clinic at Southern Illinois University School of Law may be of help to you. Third year law students mediate disputes at no charge and can offer mediation at times convenient to everyone. For more information, call (618) 453-3257 and ask for a student mediator.

What if I want to file a complaint in Small Claims Court?
The ADR Clinic does not give legal advice. If that is what you want, go to Student Legal Assistance (618) 536-6677 or go to the Self-Help program for how to file a Small Claims Court complaint.

However, the court refers many small claims court cases to mediation. Mediation is free and can be scheduled at times convenient to everyone. Mediation is a good place to try before going to court.