Information Regarding Mediation
Keith Britany was trained in an Interest-Based Mediation model in 2010. That model best supports families in reaching positive agreements during challenging times.
As a mediator, Keith is committed to facilitating a win-win process during which the interests of all parties are considered. He assists in the resolution of family disputes, including the development of Parenting Plans (rather than Custody Agreements) for divorcing couples, or as a co-mediator in the Trust & Estate planning process. For any legally binding agreements he will strongly recommend that it be reviewed by a mediation-friendly consulting attorney.
When indicated, he will engage the support of a neutral Family Specialist to elicit the interests and concerns of children, both old and young, so that their input is considered.
Client’s interests, as opposed to positions are preferred. For example, “I want the house!” is a position. The interest might be, “We want to live in homes that are safe and welcoming to our children”.
Participation in Mediation, an Alternative Dispute Resolution process is voluntary and consensual. Anyone directly involved in the mediation may discontinue the mediation at any time for any reason.
Mediation begins with the first contact between a mediator and client(s) and may be conducted in person, over the phone, using shuttle diplomacy, or by any other means of facilitating communication and understanding between the parties, including written correspondence, or e-mail.
All communications with a mediator are confidential unless expressly agreed to otherwise in writing or stated as an exception in the Confidentiality Agreement. (Please refer to the Confidentiality Agreement.) The mediator within the process will not willingly testify in any proceeding, criminal or otherwise, on anyone’s behalf or to a anyone’s detriment.
Enforcement of the Confidentiality Agreement, or of any Mediated Agreement reached between the mediator and clients, shall be the sole responsibility of the parties themselves.
While clients do have the right to the presence of an attorney during the mediation process, it is not recommended. However, clients do not have the right to bring witnesses or individuals for the purpose of support. Anyone desiring to do so must consult with the mediator prior to the scheduled mediation. Moreover, the mediator must be made aware of every person intending to be present during the mediated session.
No one shall use the forum of mediation to accomplish the service of a summons, subpoena, or any other legal document / procedure unless the parties have expressly agreed otherwise in writing prior to the scheduled mediation.
Interest-Based Mediation encourages and models a broad spectrum of dispute resolution techniques. All effective means of facilitating dialogue and resolution are acceptable. The process gauges and evaluates the type of process warranted, in part, on the basis of the parties’ requests, expectations, and beliefs.
Mediators will not knowingly and willfully participate in a mediation or agreement where the aim or purpose of which is to accomplish a criminal endeavor.
Statements or threats of imminent or immediate bodily injury by a party to a mediator or client shall result in immediate discontinuation of the mediation and a report to the appropriate source for further evaluation and/or action.