|
Mediation allows the parties to decide the
outcome of the dispute, with impartial help from a
professional mediator, in a confidential environment.
Many different forms of mediation allow two parties opposed
to each other to find a way to settle their dispute.
Time for Mediation
Mediation should not be viewed as the last resort, but
rather as first plan of action. Before the parties
become entrenched in their positions, or angry words hurled
that cannot be taken back, or threats made. Mediation
allows the parties to work out a solution, before it is too
late.
Confidentiality
Mediation means confidential communication. All
communications during mediation cannot be used later in
court proceedings, with a few exceptions such as elder or
child abuse. Confidentiality allows the parties to
speak freely and candidly.
Creativity
Creativity describes the many ways a dispute may be
resolved. The legal system often provides only a money
judgment in favor of one party. Money may not be the
best or only solution to the problem. A creative
solution may not only involve payment, but it may include
non-monetary aspects as well. For example, disputes
regarding condominiums or home owners associations may
include aspects regarding the future use of certain
property.
Attorneys
Attorneys frequently attend mediation with their clients.
I frequently looked forward to mediation in lawsuits because
it often provided a framework for settling the case.
Some parties seem to need the dedicated time to negotiating
their position that mediation provides. Attorneys have
no special power at mediation, but can be very helpful in
answering legal questions for their clients and explaining
the consequences of not settling.
Self-Determination
Self-determination means that the parties decide the
dispute, rather than a court, an arbitrator, judge, jury or
some other decision-maker. The mediator makes no
decisions for the parties and never acts a judge. No
one understands the facts, issues, and personalities better
than the parties. You get to decide how the problems
will be resolved.
|
