Screening Process
A critical element to insure the success of the restorative mediation process is to screen participants prior to deciding whether to hold a restorative mediation session. Screening interviews should be conducted with the injured party, the responsible party, and the insurance representative. Below are a series of questions to begin this process. Screening is generally done through a telephone interview but could also be conducted in person by the attorney representing one of the parties.
Responsible Party Screening Interview
- Ask what happened.
- Are they willing to take responsibility for causing the accident/injury? → If yes, appropriate for RM.
- Are they willing to meet with the injured party and their supporters? → If yes, appropriate for RM.
- Would they like their insurance company to help repair the harm, damages and losses? → If yes, appropriate for RM.
Injured Party Screening Interview
- Ask what happened and what injuries were sustained.
- Would it be helpful if the party responsible took responsibility for their actions? If so how? → If yes, appropriate for RM.
- Would they be willing to meet with the responsible party for purposes of having them accept responsibility and to discuss the harm, damages and losses suffered? → If yes, appropriate for RM.
- Would they like to meet with the responsible party’s insurance company to determine how to repair the harm, damages and losses? → If yes, appropriate for RM.
Insurance Representative Screening Interview
- Do they agree that their company is responsible for compensating the injured party for any harm, losses and damages? → If yes, appropriate for RM.
- Are they willing to meet with the injured party and their supporters to discuss what resources are available to repair the harms, damages and losses? → If yes, appropriate for RM.
- Will they have authority at the meeting to resolve the claim if appropriate? →If yes, appropriate for RM.
Restorative Mediation Project
Ken Jaray, Executive Director
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985 Pico Point
Colorado Springs, CO 80905
(719) 633-0502