MEDIATION

Benefits of Mediation

• A controlled environment in which information, feelings, perceptions and other pertinent aspects of a dispute are communicated in an atmosphere of cooperation and rational discussion.

• The parties are encouraged to develop a working relationship to reach a shared goal of resolving their dispute.

• Unlike litigation and arbitration, resolutions of disputes through mediation are limited only by the creativity of the parties.

• Compliance is more likely with an agreed result than with an imposed solution.

• The cost of a successful mediation is significantly less than litigation.

How Mediation Works

• Mediation is a voluntary, structured process in which disputing parties explain the situation from their point of view and present their ideas on how the matter may be resolved.

• The mediator engages the parties in a discussion of their concerns, their ideas, the practical application of their proposals and, hopefully, the construction of a final resolution.

• Creativity is encouraged, while not imposed.

Length of Mediation

• Mediation is a fluid process dependent on the commitment of the parties.

• An actual mediation session will usually take a full day, or less, depending on the nature and complexity of the dispute and the information exchanged by the parties prior to mediation.

• A mediation session is not always the end of the mediation process as the foundation for further discussions and negotiation may have been formed.

The Smart Choice

• The parties have “ownership” of the agreement they have constructed.

• The outcome has been controlled without an imposed resolution that may be extreme in either direction or which at least one of the parties will feel is “unjust” or “unfair”.

• Constructing an agreed, voluntary settlement and avoiding litigation and/or arbitration may preserve valuable relationships.

• The cost of mediation is usually less than litigation and/or arbitration.

Matters to Mediate

• While any dispute between parties is “good” to mediate, employment issues, contract issues, construction related claims, disputes between business partners, personal injury claims and matters in which relationships are sought to be preserved are prime candidates for mediation.

• A satisfactory mediation result is not confined to any particular type of dispute, but takes a commitment from the parties.

First, the parties must obtain a “realistic” evaluation of the likely outcome of the dispute if it cannot be voluntarily resolved.

Second, the parties must enter the mediation with a willingness to negotiate, with a realistic assessment of their position and acceptance that it may be subject to change.

Third, the parties must be willing to continue until their best efforts have been exhausted.