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As dockets continue to become increasingly more crowded, and mediation continually proves to be the cheapest, lowest risk and most under-utilized form of alternative dispute resolution, courts are finding more and more ways to encourage (if not to compel) parties to use this effectively proven means of settling cases.
Mediation may be thought of as assisted negotiation.
Negotiation may be thought of as communications for agreement.
Hence, meditation is assisted communications for agreement.
Most people want to avoid the time, expense and uncertainty of trial.
Further to that, and also serving as an appealing fact, is that
mediation is YOUR process. Accordingly,
decisions are made by you. In fact, mediation is the only forum
in which you (and your attorney) have complete
control over decision making.
Some key qualities of the Mediation process are as follows:
- Voluntary: You can leave at any time for any reason, or no reason.
- Collaborative: You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your best agreement.
- Controlled: You have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
- Confidential: Mediation is confidential
to the extent you desire and agree, be that by statute, contract,
rules of evidence or privilege. Mediation discussions and all
materials developed for a mediation are not admissible in any
subsequent court or other contested proceeding, except for a finalized
and signed mediated agreement. Your mediator is obligated to describe
any exceptions to this general confidentiality of mediation. Confidentiality
in mediation may be waived in writing, although the mediator may
retain his or her own ability to refuse to testify in any contested
case. The extent of confidentiality of any caucus meetings
(meetings between the mediator and individual parties) should
also be defined.
- Informed: The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The parties always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to advise them to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sough is, ultimately, a decision of each mediation participant.
- Neutrality: The mediator has an equal and balanced
responsibility to assist each mediating party and cannot favor
the interests of any on party over another, nor should the mediator
favor a particular result in the mediation. Your mediator is ethically
obligated to acknowledge any substantive bias on substantive issues
in discussion. The mediators role is to ensure that parties
reach agreements in a voluntary and informed manner, and not as
a result of coercion or intimidation.
- Self-Responsible & Satisfying: Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation.
Let our attorney certified mediators help you reach a resolution and settlement that you can be happy with and proud of!
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