mediation

Is Mediation Right for Your Situation?

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One thing’s for sure: litigation is expensive but the good news is that it’s not always necessary!

In some cases, mediation is the better (and cost efficient) route. Here are a few examples of when mediation should be used instead of litigation:

  • If the parties want to preserve their relationship with one another. This could be neighbors, divorced partners, or employers and employees.
  • If direct negotiations have stalled or failed. Keep in mind that mediation is a non-binding process, meaning mediators can’t impose a decision on the two parties. If the dispute has room for compromise.
  • When each party has room to compromise and reach an agreeable solution, mediation is ideal.

If you ever need mediation for a situation you’re in, I’m here to help! And in the meantime, feel free to share this helpful info with others.

Mediation Overview

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I thought I’d offer some insights into when mediation could be warranted just in case you or someone you know could benefit from this service at some point in the future. I’m more than happy to help at any time.

Here’s a summary of the process and a handful of situations when mediation makes sense:

  • Mediation is a good option in any situation where parties have a relationship they want to preserve. Consumer complaint cases, divorce proceedings, employer/employee conflicts, landlord and tenant disputes, neighbor disputes, and personal injury negligence cases may be a good fit for mediation. It’s important to note that mediation is a non-binding process, meaning that mediators cannot impose a decision on the parties.

There are five general steps in the mediation process:

  • Introduction: The mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.
  • Statement of the problem: Each party describes the dispute and its consequences, financial and otherwise. While one person is speaking, the other is not allowed to interrupt.
  • Information gathering: This is a chance for each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator goes between the two rooms to listen, discuss, and exchange offers.
  • Bargaining: The mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually keeps the parties separate until a settlement is reached or the time allotted for the mediation ends.
  • Settlement: If the parties reach an agreement, the mediator will likely put the main provisions in writing and ask each side to sign the written summary of the agreement.

If you have any questions about this information, please don’t hesitate to reach out.

Mediation vs. Arbitration

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I’m often asked the difference between mediation and arbitration, so I thought I’d touch base with the answer in case you ever need the information for yourself. 

The main difference between arbitration and mediation is that in arbitration, a neutral third party hears the evidence and makes a decision. In mediation, the neutral third party negotiates with both sides in the dispute to reach a solution. An arbitrator functions like a judge, whereas a mediator is more like a negotiator. 

Here are a few other things to keep in mind:

  • Once an arbitrator arrives at a decision, the decision is binding on the parties involved whether they agree with it or not.
  • Arbitration is a good choice in disputes where parties want an objective party to render a fair decision, but they would like to avoid the formality, expense, and time necessary for a trial. It’s also ideal when both parties prefer confidentiality, desire to save time and money, and are okay with waiving their chance of appeal.
  • Arbitration ends when a decision is handed down. Mediation ends when a settlement is reached or when the parties are deadlocked.

Though arbitration has many advantages, it’s wise to consider all your options when facing a legal matter. Should you or someone you love need further guidance or have additional questions, I’m just a phone call away. That’s why I’m here.