Mediation in the News "85% Of All Mediations Are Successful In
What is Mediation?Fundamentally, mediation is assisted negotiation. It is a process used by disputing parties use to reach a mutually satisfactory settlement. To do this, they use the outside help of a mediator who is a trained, professional, and neutral facilitator who protects the integrity of the mediation and works with the parties to help them clarify their goals and objectives in order to find areas in which they can reach agreement.
Why Consider Mediation?Mediation is often the most painless and efficient way to resolve a dispute. Compared to the alternatives, mediation is fast, fair, inexpensive, and private. Mediation sessions can usually be scheduled within a few weeks, or at most months, of a request and most cases can be resolved quickly, a half a day or day, depending on the type of dispute. Lawsuits usually take many months or sometimes years to resolve. Mediation is a high benefit, low risk option with a high likelihood of an exceptional outcome. In mediation, the various needs of both sides of an issue are identified and ideas and concepts are exchanged until the parties can agree on a viable solution. Mediation is not final or binding until the parties are satisfied and accept the outcome. The parties risk little by proceeding with mediation first. They can always turn to litigation or arbitration if mediation is unsuccessful. Mediation will most often save you money. Most mediators are private providers whose fees are equally split between the parties. Their cost is a fraction of the cost of a lawsuit. E.g., $1000 to resolve a personal injury case compared to $40,000 for a full court battle. And, many areas in the U.S. have community mediation centers that will mediate a minor workplace, neighborhood or consumer dispute for free or a nominal charge. Mediation will keep your personal business private. What is discussed during the mediation is protected as "confidential settlement discussions," which cannot be legally revealed outside of the mediation or later used in court, except by an order of a judge. These orders are extremely rare. Cases involving child abuse or criminal behavior are exceptions. The parties can also shield information from each other. Each party can give the mediator information that can help clarify the issues and help resolve the problem, without disclosing the information to the other side. In a lawsuit usually everything said is open and available to the public. Your privacy receives much greater protection in mediation. Mediation is most valuable when you are in a dispute with someone with whom you have a continuing relationship. Mediation increases the likelihood that you and the other side will be able to work together after the dispute is resolved. A lawsuit polarizes and usually ruins relationships. Therefore, a major advantage for mediation is its ability to get the dispute resolved without destroying the relationship.
According to informal reports by attorneys, 85% of all mediations are successful in producing a resolution acceptable to all parties. Business disputes submitted to mediation usually settle within a few weeks to a few months. Cases with multiple parties often last longer: Major business disputes -- those involving lots of money, complex contracts, or ending a partnership -- may last several days or more. Private divorce mediation, in which a couple wants to settle all the issues in their divorce -- alimony, child custody, division of property, support, and visitation -- generally requires half a dozen or more mediation sessions spread over several weeks or months. What Makes Mediation Successful? Successful mediations, regardless of the size, complexity or number of parties, all have the following five elements: Why Do Some Mediation Fail? For everything you ever wanted to know about mediation and never thought to ask, click on any of the links below. Click below to download our Agreement to Mediate Click on a link below for more information. Trusted Links.
adrr.com,
a well established site which provides essays, forms, checklists, and links on mediation and ADR. For more information about mediation, click on any of the links below. Elder Law Mediation Resources. Mediation Jobs Myths, Part One Mediation Jobs Myths, Part Two One Woman's Shares Her Divorce Mediation Experience. For more information about mediation, click on any of the links below. Aging Parents and Conflict Resolution: 5 Warning Signs Of Health Problems Aging Parents and Conflict Resolution: Warning Signs Of Financial Problem Elder Law Mediation Resources. Mediation Jobs Myths, Part One Mediation Jobs Myths, Part Two One Woman's Shares Her Divorce Mediation Experience. For more information About Us and our Mediation Services, click on any of the links below. Our Conflict Resolution Services page For more information about other conflict resolution topics, click on any of the links below. Aging Parents and Conflict Resolution Or return to our Home page |
