What is Mediation?
Mediation is a confidential and voluntary process that fosters open and straightforward communication between conflicting parties. Trained mediators facilitate methods that build on the positive to help parties explore options and solutions. The mediator does not determine who is right or wrong and does not make decisions; the outcome of mediation is reliant on the parties combining their efforts to resolve the dispute at hand.
How Does Mediation Work?
Most disputes arise and continue because of poor or severed communication. Since the two parties are in a conflict, the mediator establishes ground rules to keep the process productive in a safe and confidential setting.
Parties present respective positions
Each party has the opportunity to openly present their respective position. This can give both parties a new perspective to help work toward a mutually beneficial solution.
Identification of the core issues
The mediator will help the parties identify the main issues causing the dispute and then use that information to present options for resolution.
Agreement and finality
If the mediation is successful, the mediator will draft and present a mediated settlement agreement after both parties have reached consensus on its terms. Parties are welcome to engage an attorney to finalize the mediated agreement to a settled agreement. Litigation is then avoided or terminated.
Open and respectful communication in which everyone feels heard and involved leads to lasting results. Mediation provides a forum and an atmosphere in which parties have to think creatively and gain understanding, become understood, and work together to explore options for resolution.
People often choose mediation for its overall efficiency. It can take less time and less money than alternatives. Mediation leaves people satisfied because they create their own resolutions in a neutral space where they can communicate in a healthy and respectful way facilitated by professionals who want to see their outcomes last.
Empowerment: Mediation gives the power to the parties in conflict to find a solution. Mediators provide tools and guidance, but parties ultimately use productive communication to find solutions that work for everyone.
Affordable: Lasting conflicts in any form are costly. Mediation is a cost-effective option to resolve serious problems.
Time: The court system is typically overburdened which slows down the process of resolution. Mediation can take as little as one or two days.
Resolution: Mediation gives people lasting results. Parties work toward solutions together so everyone has a chance to be heard. The end agreement better suites both parties’ needs.
Confidentiality: Mediation is a confidential service that takes place in a private setting. Mediators do not disclose outcomes to third parties.
Unbiased: A mediator is an unbiased person whose role is to guide conflicting parties toward productive communication with the goal of resolution and settlement.