Author: gcsmithb
Why Mediate?
Reasons to consider mediation:
Taking another party to court is expensive, time consuming and stressful. It’s public. And there’s no guarantee that you will prevail on court. Consider mediation before you go the litigation route. A mediator is a neutral third party who assists parties who are having a dispute. The goal of mediation is to find common ground, a solution that both parties can live with.
- Mediation is faster and cheaper than going to court. Mediation can typically be completed in a few hours, while court cases can drag on for years. Mediation is also significantly less expensive than going to court.
- Mediation maintains Confidentiality. Court proceedings are public record, so anyone can access the information. Mediation proceedings, on the other hand, are confidential.
- Mediation allows the parties to have control of the process: In mediation, the parties have more control over the process than they do in court. They can choose the mediator, the location, and the time of the mediation.
- Mediation is more likely to result in a mutually agreeable resolution. In court, a judge makes the decision for you. In mediation, the parties work together to reach an agreement that is mutually satisfactory.
- Mediation can help to preserve relationships. Mediation can help the parties communicate more effectively and resolve their differences in a constructive way. This can help to preserve relationships and avoid further conflict.
- There is no guaranteed outcome if you go to court. There is no guarantee that if you go to court, that the court will rule in your favor.
Specific situations where mediation may be a good option:
- Couples: Couples mediation can help couples to resolve the issues that they are having trouble resolving on their own. Couples mediation is NOT the same as couples therapy or counseling.
- Divorce: Divorce mediation can help couples to resolve the issues related to their divorce, such as child custody, child support, and division of property.
- Elder Care Mediation: Elder Care Mediation can help families who are having trouble deciding on a plan to take care of an elder loved one. Should a family member move in with them? Should they move in with a family member? Should they move into a nursing home or assisted living center? How will their care be paid for? Is it time to sell their home and assets? These are gut-wrenching decisions that often tear families apart. A skilled mediator can help to keep things calm as during the mediation.
- Business disputes: Mediation can help businesses to resolve their disputes without going to court.
- Neighborhood disputes: Mediation can help neighbors to resolve their disputes, such as noise complaints or property line disputes.
- Workplace disputes: Mediation can help employees and employers to resolve their disputes, such as discrimination or harassment claims.
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Why Mediation Works
Why is it that mediation works when parties are unable to resolve their dispute by themselves?
Mediation works because it provides a safe and supportive environment where parties can communicate openly and honestly to explore their options and work together to develop mutually agreeable solutions.
When parties are in dispute, they are often feeling angry, hurt, and defensive. This can make it difficult for them to communicate effectively and to listen to each other. In mediation, the mediator creates a space where the parties can feel safe and comfortable sharing their perspectives and exploring their options. The mediator also helps the parties to listen to each other and to understand each other’s perspectives.
This open and honest communication is essential for resolving disputes. When the parties can communicate effectively, they can better understand each other’s interests and needs, which allows them to work together to develop creative solutions that meet those interests and needs.
Another benefit of mediation is that it empowers the parties to control the process and to make their own decisions. The mediator does not impose a solution on the parties. Instead, the mediator helps the parties to identify their options and to make decisions that are right for them. This sense of empowerment is important for resolving disputes. When the parties feel like they have control over the process and that they are making their own decisions, they are more likely to be satisfied with the outcome.
To recap, mediation works because it provides a safe and supportive environment for communication, empowers the parties to control the process and to make their own decisions, and helps the parties to identify and develop creative solutions to their conflict.
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