Mediation is a method of problem solving which enables individuals or groups in conflict the opportunity to seek a mutually agreeable resolution with the assistance of a neutral third-party mediator. An individual may request mediation by contacting a mediation center or private mediator. Referrals may also be made by friends, courts, attorneys, social services, and others. Mediations can take place anywhere in the state and, when going through an ODR-approved mediation center, no one is denied services based upon an inability to pay. Some examples of disputes that can be mediated are:

• Custody, visitation, parenting plans 
• Family and juvenile matters 
• Educational conflicts 
• Employer and employee disputes 
• Business and consumer matters 
• Landlord and tenant conflicts
• Neighbor and community disputes 
• Organizational conflicts 
• Employment First disputes 
• Child welfare matters
• Environmental issues 
• Restorative justice / victim-offender
• Other types of private and public conflicts

There are many benefits to mediation, such as parties keep control over the outcome of their own problems and the process considers their feelings as well as facts with the assistance of an unbiased mediator. Also, mediation allows issues to be settled promptly with sessions scheduled as soon as all parties agree to come to the table. Furthermore, mediation is private, confidential and flexible. Attorneys, advocates, and others may participate in the sessions.

Please visit our Frequently Asked Questions page for more information.  

Mediation and restorative justice were topics for the Your Nebraska Judicial Branch podcast. Click to listen to a brief overview of each. 

Mediation will not solve all problems of the courts, but when appropriate and used effectively, mediation can have many benefits.  To name a few:

• Mediation is private, non-coercive, and self-enforcing
• Parties are satisfied with the ADR process
• Mediation both resolves past issues and addresses future needs

Consider the use of meditation when a long-term relationship is involved (e.g., family members, landlord/tenant, parent/child/school, etc.), where parties have a desire to work through the problem and are able to safely communicate on some level.  In some cases, such as when it is important to set legal precedent or a need for public sanctioning of conduct, mediation may not be effective. 

Potential Case Types:

• Small claims mediation
• Child welfare collaborative practices, including:
  • Prehearing conference facilitation (PHC) at initial removal hearings
  • Prehearing facilitation of 12-month permanency reviews (PHPR)
  • Prehearing facilitation of termination of parental rights hearings (PHTPR)
  • Family group conferencing
  • Child dependency mediation
• Guardian and conservator mediation
• Probate mediation
• Juvenile victim/offender and restorative justice
• Dissolution and custody disputes

To become more familiar with the types of cases mediated and other services please contact an ODR-approved mediation center and/or a private mediator. 

To make an informal referral to mediation, judges or court staff may provide the mediation brochure for the centers and ODR to parties.  Parties and lawers may not have heard of mediation before, so, it is helpful to describe why mediation is being encouraged. Courts may consider and encourage potential litigants to consider mediation as an option prior to filing, as well as during the pendency of the case and after final judgment or order.

When a judge refers a case to mediation by use of a court order, a copy of the order should be faxed or sent to the regional mediation center. The order should state whether the parties or the center are to make initial contact, and how the outcome of the mediation is to be reported back to the court. Courts should establish presumptive deadlines for the mediation process which may be extended by a showing of the parties that a continuation would assist resolution.

More detailed information may be found by reading the ADR Handbook: Mediation and Restorative Justice Practices For Judges and Court Staff.

Training in Nebraska for Mediators
The Nebraska Mediation Association (NMA) is a statewide network of mediators which develops, implements, and sustains quality conflict resolution, mediation, and consensus building. The NMA promotes mediation, and supports and provides training and educational opportunities for all mediators in the State of Nebraska. Through this member network, NMA provides links, resources, and enhanced opportunities among mediation professionals.
 
For further training information, visit NMA's website.
 
 
Private Mediation Practice
The Office of Dispute Resolution does not directly work with private mediators, with the exception of Parenting Act Mediators, but will respond to basic questions in the field. Persons involved in private practice of mediation should be familiar with state statutes and court rules regarding mediation, as well as relevant professional codes of ethics regarding the practice of mediation. Private mediators may also contact the Nebraska Mediation Association for more information.
 
 
Become an Affiliated Mediator
Have you taken training and are interested in mediating cases? Contact your local Nebraska ODR-approved mediation center to find out how to become an affiliate. Find contact information for the mediation centers on the ODR-Approved Centers and Douglas County District Court Conciliation and Mediation Services page.