What Is Mediation?
Mediation is an informal process in which parties of a dispute meet with a neutral third party to negotiate a mutually acceptable solution. The mediator assists the parties to stay focused, identify issues, and explore options for agreement. The mediator is not an arbitrator or a judge who can impose a decision or render a judgement. He is a neutral facilitator to help the parties understand their respective interests, needs, and risks while encouraging each party to consider the interests of the other party. It is a venue of compromise and fair play, while providing each party the opportunity to be fully heard on the subject of dispute. Unlike the courtroom, which is a formal, adversarial environment based on points of law, technicalities and suppression of open communication. Mediation is a viable alternative to resolving disputes without going to trial and a signed “Rule 11 Agreement” is a s enforceable as any other contract.
What Are the Benefits of Mediation?
The benefits of Mediation are numerous. It is by far the most advantageous way to reach a mutually satisfactory resolution to any dispute. It Is:
• Affordable: It is much less expensive than attorney fees and court costs.
• Efficient: The mediation process can usually settle a dispute within a few sessions.
• Effective: We are able to settle over 90% of our mediation cases.
• Informal: The process of mediation is informal. Only rules of fair play, compromise, and cooperation apply here. It is not necessary to have an attorney represent you, although some people feel more comfortable with an attorney present.
• Empowering: Any decision that is reached must be fully agreed to and signed off on. You are always in control of the outcome. You make the decisions, instead of the court deciding for you.
• Confidential: All discussions are privileged, private information and cannot be used as evidence in court if no settlement is reached.
• Beneficial: It promotes healing, goodwill and harmony, as opposed to “fueling the fire” of already bad feelings.
• Expressive: In Mediation everyone has a voice and can fully express their position on the issues and have them addressed. Unlike a courtroom which will usually not allow discussion or explanation.
• Progressive: Mediation is designed to help clients find ways of “moving on” in their life and getting past the dispute instead of “staying stuck” in their present anxious circumstances.
• Powerful: The Mediation environment allows for a powerful solution to a seemingly impossible situation. Our skillful Mediators can guide you to new understandings and acceptance of terms that are more satisfactory than your present conditions.