What is mediation
Mediation is a dispute resolution process through creative problem solving hosted by a neutral third party. Mediation gives the decision making process back to the parties instead of leaving it up to the judicial system to decide for you. Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. The differences between mediation and arbitration all stem from the fact that, in a mediation, the parties retain responsibility for and control over the dispute and do not transfer decision-making power to the mediator.
When is mediation appropriate?
Any time parties would like to reach a decision or resolve a dispute between themselves rather than having a court make the decision for them.
This applies to divorce in which assets and debts are to be divided as well as working out parenting plans. It can be used in civil disputes to settle with another party without the expense of attorneys and court fees. It can be used to resolve a landlord/tenant issue and work-related disputes. Mediation is an alternative that allows the parties to reach an agreement that they have worked out together rather than being told by a third party how it will be.
Why should you try mediation?
Where mediation has been used, it enjoys remarkably high rates of success, given its non-binding nature. Indeed, on one view, mediation never fails, even if a settlement is not reached, because the parties will always come away knowing more about the dispute and, probably, at least having narrowed the issues in question.
A second factor to be taken into account is that the commitment to mediation involves a low risk. The parties always remain in control of the dispute. Each party may terminate the mediation at any stage, if it feels that it is not making any progress, that the procedure is becoming too costly, or that the other party is not acting in good faith. The commitment to mediation is thus controllable at all stages.
What do we do?
We help facilitate the meditation process as a neutral third party. We assist you in productive communication giving you the ability to speak on your own behalf rather than having an attorney speak for you.
Types of mediation approaches:
When parties are able and willing, both the parties and the mediator meet together in the same room. This allows for more productive communication between the parties and can potentially help the parties reach an a agreement sooner. In some cases, a Shuttle Approach is used. Mediators conduct negotiations using the "shuttle approach". This means each party is in a separate room, and the mediator shuttles settlement offers back and forth between them. Some mediators prefer the shuttle approach for several reasons, such as privacy and decreased conflict.
Mediation and the 4 (D's):
Divorce, Disagreements and Disputes, don't have to be Difficult. They don't have to be as stressful, intimidating, overwhelming or traumatic as they sometimes turn out to be. With mediation, all of these can be resolved in a non-judicial, one on one, confidential, atmosphere. Lawsuits, and the thought of going before a judge to have your life decided for you can be so unbearable to some people that they choose to avoid the confrontation rather than resolve it. Don't let that fear be the deciding factor. Take control of the situation and set up a mediation session with the other party to resolve your issues together.
MEDIATIONS ARE CONFIDENTIAL. You and the other party are the only ones who can decide how to settle and if to settle. You can feel confident that any agreement that is reached can remain confidential between the parties. Agreements reached during the process of any litigation will be filed with the court but can remain confidential in regard to family and friends if you so desire. Your family and friends are always your biggest supporters and think they have your best interest at heart. But you are the one who knows what is best for you. If an agreement is not reached any and all conversations during the mediation are confidential.