The 5 P's of Mediation: Things You Need to Know Before Participating in the Process

By Jerome A. Bailey

"The 5 P's of Mediation" is an insightful guide on what mediators, attorneys, and participants should know about the mediation process. The 5 P's will talk about how to prepare for mediation, what the process entails, why mediation is a good idea, the purpose behind mediation, how to pay for it and what the pandemic did to change mediation. It can also serve as a continued reference point for mediators and attorneys to use to keep their mediations on track and resolve conflicts amicably.

The 5 P's is also a combination of various stories about the mediation process. Mediation is a private and confidential process and the names, and some facts have been adjusted to protect the privacy clause of mediation. There are more P's that can be used in the mediation process, and we will continue to add those P's as we educate our audience.

• Language: English
• Publisher: BookBaby
• Release date: Jan 12, 2024
• ISBN: 9798350933536

Book preview

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The 5 P’s of Mediation

Things You Need to Know Before Participating in the Process

© 2023, Jerome A. Bailey.

All rights reserved. This book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher except for the use of brief quotations in a book review.

Print ISBN: 979-8-35093-352-9

eBook ISBN: 979-8-35093-353-6

Contents

Foreword

Introduction

First P of Mediation: PREPARATION

Second P of Mediation: PURPOSE

Third P of Mediation: PROCESS

Fourth P of Mediation: POSITIVE EMOTIONAL CLIMATE

Fifth P of Mediation: PAYMENT

Pandemic

Conclusion

References

Foreword

Relying upon his 28 years as an insurance professional, his excellent interpersonal skills and his experience as a certified mediator since 2007, Jerome Bailey has put together an insightful guide to a successful mediation. In The Five P’s of Mediation, Jerome has shared valuable lessons in order to enhance the chances of a successful mediation, regardless of whether the parties’ dispute is resolved at the formal mediation session or during discussions following the mediation process.

I have known and worked with Jerome for over 19 years and can attest to his firsthand knowledge and expertise in the handline of claims of all kinds, and his ability to assess each side of a dispute and bring his expertise in resolving those disputes to the mediation process.

The mediation process is routinely used today in most civil disputes and Jerome has provided a road map to increase the chances that the process will be successful. I recommend The Five P’s of Mediation to everyone in mediation.

—Walter B. McClelland, Attorney. February 2019

Introduction

This book is a combination of approximately 3000 various mediations performed over 16 years by many different mediators, attorneys, and participants and the information gathered here is in no way all of the P’s of mediation, and I’m quite sure another book could be published about the P’s of Mediation using a different set of P’s. I just might be the one to write another book about it.

So before I get into the 5 P’s of Mediation and my history, I should at least explain what mediation is. Mediation can be described as a voluntary and sometimes court ordered confidential process in which a neutral third party, known as a mediator, helps parties in a dispute to communicate, understand each other’s perspectives and work towards finding a mutually acceptable resolution to their issues. Mediation is often used as an alternative to litigation and can be applied to various types of conflicts, including interpersonal, family, workplace, and community disputes.

As a neutral/mediator, I have a duty to all the participating parties—and to the profession—to be honest, act in good faith, and be unbiased as I facilitate a mediation. The ethical standards that govern mediators’ states mediators are to act fairly, show no personal interest in the terms of any settlement, and that all parties are informed of the mediation process. While facilitating this process, the mediator should be identifying underlying interest and concerns, and help the parties explore possible solutions.

My background is that of a journalist and after finishing high school, I was destined in my mind to be a reporter or sports photographer for some sort of news publication. After being a newspaper writer/editor, videographer,