1. What is Early Settlement?
Early Settlement is a court-sponsored alternative dispute
resolution (ADR) program that is sponsored by the State of Oklahoma
Supreme Court with the help of various local sponsors including
county commissioners, career technology centers, municipalities and
universities. Early Settlement offers mediation, conciliation,
settlement conferences and facilitation services.
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2. How does it work?
A party may file a complaint for mediation by contacting one of the
twelve (12) program offices that serves the area where the
dispute has occurred. To file, all that is needed is the other
party’s name, address and telephone number. Since mediation is
voluntary, both parties would have to agree before a session would be scheduled.
The program office would then contact the other party to see if
they are willing to mediate the dispute. If they agree, a $5
processing charge (this fee is waived if the case has been filed in
district court) from each party is required.
Confirmation notices will be sent out to both parties informing
them of when and where the mediation will be held. A neutral, third
party mediator is then assigned. Early Settlement mediators are
trained to facilitate a discussion of the issues in a non-blaming
way in order to assist the parties to come up with alternatives as
to how they want to proceed in resolving the situation.
Upon reaching resolution, the mediator(s) will work(s) with the
parties to draft their written agreement. In civil cases, each party
signs and receives a copy. In family and divorce cases, the
agreements are recorded by the mediators in what is called a
Memorandum of Understanding (MOU). Each party receives a copy that
may be taken to his/her attorney for review and put into the proper
format for court presentation.
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3. Are all seventy-seven (77) counties served by Early Settlement
programs? How do I find out which program serves my county?
Yes, the program serves all seventy-seven (77) counties. Please refer
to the program directory for a listing of all of the Early Settlement
programs and the counties each program serves.
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4. How can I become an Early Settlement mediator?
Early Settlement mediators are volunteers from communities throughout
Oklahoma who serve their community and the court system. If you are
interested in volunteering, locate the program serving the area where
you live or work and contact the program director about what steps you
will need to follow in order to become a program volunteer.
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5.
I am already a mediator because I have had training in another state
prior to moving to Oklahoma. Can the Supreme Court’s training be waived?
A: No. For quality and consistency purposes, attending the Supreme
Court’s training is mandatory prior to placement as an Early Settlement
volunteer mediator. Although frequently training obtained elsewhere is
of good quality, for definitional purposes and ease in working with
co-mediators, all Early Settlement volunteer mediators are required to
attend the Supreme Court’s Civil (or Basic) Mediation training.
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6.
What is the advantage to becoming an Early Settlement mediator?
Learning in a mentored environment while working with experienced
mediators is an important advantage. In addition, Early Settlement
mediators frequently express their feelings of heartfelt gratitude in
wanting to give back to the community that has given them so much.
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7. How do I achieve certification?
If you are an Early Settlement volunteer, under the
Oklahoma Dispute
Resolution Act, your program director will work with you to set up
mediations for you to observe and ultimately for you to be observed
while mediating so that you may complete the certification requirements
which is a must before you are allowed to mediate alone with the public.
If you are not an Early Settlement volunteer mediator, you may
self-certify under either the District Court Mediation Act or the
Choice
in Mediation Act by following their guidelines as to what kinds of
training are appropriate and how much is required.
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8.
Does the certification through the Supreme Court last indefinitely?
No, when an Early Settlement volunteer mediator achieves the initial
certification, it is good for one year. After that, the basic
certification is renewable annually upon completion of a minimum of ten
(10) hours of satisfactory annual service as a volunteer for the program
and family certification is renewable upon completion of a minimum of
forty (40) hours of annual service as volunteer for the program.
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9.
If I am unable to commit to volunteering, what training should I get?
There are many professional trainers offering mediation training in
the market place. The Oklahoma Bar Association offers mediation
training.
It is always wise to ask for references and to informally talk to others
in the field, locally as well as nationally to explore biases, contexts
and reputations.
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10. How much should I expect to pay for training?
Early Settlement volunteer mediators are trained at no charge
provided they follow through with their volunteer commitment. Private
training varies according to trainers and the (number of days) and hours
of training provided.
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11. Is it possible to mediate for fun and profit?
Yes. If you are an entrepreneurial individual and you wish to market
your services effectively, you can create a business mediating cases.
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12. Who oversees the Oklahoma Supreme Court’s system?
There are several levels of oversight. The Administrative Director of
the Courts provides administration and supervision through his designee,
the Alternative Dispute Resolution System Director. The
Dispute
Resolution Advisory Board provides guidance and assistance to the
Administrative Director.
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