Mediation is an alternate dispute resolution process that typically is confidential
and focused on solutions.
In mediation, the parties who are in a dispute, in litigation, or need to forge a plan
agree to mediate, selecting a date to meet and a mediator to facilitate the meeting.
At the mediation session, the mediator facilitates dialogue, identifies issues and
options, and helps craft solutions with the parties. These actions occur in "joint
session," where all or more than one party is present with the mediator, or in
"caucus," where the mediator works with only one party.
In mediation, the mediator is not a judge who will impose decisions on the
parties. A mediator also does not advocate for either party, but rather is a
neutral. In short, the mediator helps the parties navigate through the conflict,
while the parties remain in control - the driver's seat - in determining whether the
resolution is better than continued uncertainty, discord, and/or litigation.
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Interestingly. the flexibility inherent in mediation is the one of the key reasons that it is a process that succeeds frequently in bringing the conflict or issue
to a close. However, its flexibility - in that a party can choose to leave the mediation dialogue - is one of the most significant concerns for many disputing
parties because it has no guarantee that the mediation will end with a complete agreement or with all issues addressed.
The degree of success mediation has, despite the lack of guarantee of a resolution, is significant. Courts now routinely utilize it. Corporate America is
including "Dispute Resolution Counsel" in legal departments. Insurance companies who regularly are embroiled in litigation utilize it. In short, it
oftenworks to either narrow the issues, provide sufficient traction on resolution to work it out, or render a complete agreement.
Mediation frequently is credited with being "cheap" alternative to litigation. Indeed a session with a mediator can be far less costly - with respect to
money, time, and stress - than litigation when a resolution is reached. Thus, using an experienced mediator is a critical step towards success. Meet our
professional, experienced Mediators by clicking here.
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