About Mediation
Mediation is a private, confidential process in which the parties to a dispute voluntarily meet with a trained mediator (sometimes referred to as a neutral) to find a mutually agreeable solution to their problem. Using communication skills and the art of negotiation, the role of the mediator is to facilitate a dialogue between the parties in order to assist them in reaching an acceptable agreement.
The mediator, unlike a judge, does not render a decision or compel any party to enter an agreement. An effective mediator uses a variety of skills and techniques tailored to the needs and personalities of the parties to assist them in reaching their own agreement.
Mediator Techniques Two of many techniques available for mediators to use are Facilative and Evaluative. Facilitative mediation relies on communication skills to guide the parties to explore possible options for an agreement. Evaluative mediation uses subject matter expertise to guide parties to a realistic assessment of the outcome of their dispute. We use a combination of Facilitative and Evaluative mediation techniques with our clients in helping them reach an agreement. We feel by combining both techniques our clients develop a better agreement reached in a shorter period of time. Benefits of Mediation: -
Effective - On the average, more than 80% of all mediations are resolved successfully. -
Voluntary - Each party is free to leave the mediation at any time. If you are unable to find a mutually agreeable solution to your dispute, you have no obligation to enter into a settlement agreement. -
Private Process - There is no public record of the mediation proceeding. All conversations are confidential. If a settlement agreement is reached, the terms are written down and signed by the parties. This document, a contract between the parties, is a public document and, most importantly, is enforceable by the Court. -
Time Saving – Mediations are usually completed in less than one day. -
Money Saving - Mediation can be used at any stage of a dispute - before a lawsuit is filed, while the lawsuit is being filed, during a trial, or on appeal. Since the parties can reach an agreement at any time, mediation can save hundreds and possibly thousands of dollars in attorney's fees, court costs, and time lost from work. -
An additional benefit - Because the process is non-adversarial, mediation allows the parties to maintain their personal and professional relationships, while minimizing emotional trauma and stress.
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