What is Mediation?
Mediation is a process that gives people involved in a conflict the opportunity to resolve their dispute. The process is confidential, creative, cooperative and constructive. In Mediation, an impartial, trained professional helps people negotiate directly with each other.
Mediation promotes communication. It provides the parties the opportunity to clear the air, move forward in a positive way, create better and stronger relationships and relieve the stress of unresolved conflict. It allows the parties involved to control the decisions that affect their lives and futures.
Mediation is an approach for people who do not want to get involved in the legal adversary system of spending all of their time, emotion and energy in a court battle. It is also an approach for people who intend to find a process to go their own way with the least amount of pain.
The Role of a Mediator
Mediators have important roles in the mediation process, but they do not have the final word on any issue. Their goal is to reduce obstacles to communication to identify issues that need to be resolved between parties. A mediator explores alternatives with fairness, integrity and impartiality which allow parties to reach voluntary agreements to resolve disputes. Ultimately, this leaves decision-making solely in the hand of the clients.
Advantages of Mediation
- Affordable. Mediation can cost considerably less that litigation
- Efficient. Most disputes are settled within a few sessions
- Effective. Mediation statistically settles over 80% of initiated disputes.
- Informal. The process of Mediation is flexible and informal. It is not necessary to have an attorney represent you during the mediation process. However, some individuals feel more comfortable with attorney representation.
- Empowering. Disputing parties are directly engaged in the negotiation of their agreement. Parties also enhance the likelihood of continuing their relationships by utilizing mediation.
Confidential. Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding, except in the case of domestic violence.
Who is Mediation For?
- Siblings in Eldercare matters
- Parents and children
- Community disputes
- Partners who are separating
Today, Mediation is the most rapidly growing alternative to more traditional processes for dispute resolution. It is being actively utilized in almost every type of case. With an 80-85% success rate, it is wise and relatively inexpensive to try mediation.