Mediation is a form of alternate dispute resolution, a way of resolving disputes between two or more parties. Typically, a neutral third party, the mediator, assists the parties to negotiate a settlement by using facilitative or evaluative methods. Any dispute whether commercial, legal, diplomatic, workplace, community and family matter can be resolved by mediation. Initially, I became interested in mediation when I took an ADR course in law school.
Mediation is voluntary and confidential. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution in order to end conflict. The benefits of mediation include:
While a mediator typically charges a fee, the mediation process generally takes much less time and expense than moving a case through the courts. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in hours. Taking less time means expending less money on hourly fees and costs.
While court hearings are public, mediation remains strictly confidential. No recording is allowed in mediation. Confidentiality in mediation has such importance that the legal system cannot force a mediator to testify in court as to the content or progress of mediation. The only exceptions to such strict confidentiality may involve child abuse or actual or threatened criminal acts.
Mediation increases the parties’ control over the resolution. In a court case, the parties may obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.
Because the result is achieved by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. The mediated agreement is fully enforceable in a court of law.
Parties to mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. This allows each party to understand the other party's side and work on underlying issues to the dispute. This has the added benefit of preserving the relationship the parties had before the dispute.
Mediators are trained to work with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.
It is beneficial for each party to submit position papers outlining their respective positions.
Please call 609-558-9436 or email [email protected] to schedule your next mediation.