Mediation is a process in which a neutral third party facilitates communication designed to produce an agreement that will resolve a controversy or disagreement. The process allows the participants to communicate their concerns and needs with the goal of providing a resolution that is acceptable and beneficial to both or all of the parties.
What is the basic mediation process?
First determine if mediation is appropriate for the situation
A mediation session is scheduled with both/all parties present at an agreed location
During the session, both/all parties have the opportunity to present their side of the dispute
The mediator explores the strengths and weaknesses of each side and goes through a series of questions to help uncover possible resolutions
A resolution is determined based upon total agreement between the parties involved
A settlement agreement is developed by the mediator to complete the process
What are typical scenarios in which mediation is needed?
Dispute between employee and employer
Disagreement between company and vendor
Family financial disputes
What are the benefits of mediation?
Mediation is only a fraction of the cost of litigation
Most mediation cases are settled within one day
Privacy & Confidentiality: Matters are kept private and confidential versus possible public records of litigation or court proceedings
Stay in Control:
You remain in control and participate equally with those involved in the dispute
With the use of a mediator, you are more likely to maintain a healthy relationship with the other party versus damage that could be done from adversarial conflict resolution methods
More Flexible Resolution Options:
Structured payments, apology, retraction, letters of recommendation, confidentiality agreements, barter and agreements for future business are some of the workable options in mediation that may not be available in litigation.
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