Mediation services help people resolve their conflicts in a respectful and cost-effective manner. They are often less expensive than a lawsuit and can be completed in a shorter time frame. In addition, the mediation process is confidential and focuses on finding solutions that are mutually acceptable to all parties. This can be beneficial for individuals who wish to keep their conflict resolution private and avoid the publicity of a lawsuit or the damage it could cause to their family.
Mediations take place in a wide variety of settings. For example, they can be held at solicitors’ offices, community dispute resolution centers or in a private home. The setting in which mediation takes place depends on the preferences of the participants and the nature of the dispute.
A mediator is a neutral third party who facilitates negotiations between the disputing parties to help them develop their own, mutually acceptable solutions. Mediators do not take sides, make decisions or give legal advice and they protect the confidentiality of the mediation sessions.
There are two main types of mediation: evaluative and facilitative. An evaluative mediator will ask questions, offer perspectives and provide policy and procedure support to the parties. In contrast, a facilitator mediator will encourage the participants to express emotions, find common ground on personal issues and agree with one another. This type of mediation provides more agency to the participants and requires less evaluation.
A mediator may be an attorney, law student or social worker. Some mediators also have specialized training in the specific area of law in which they practice. Mediation is a form of alternative dispute resolution (ADR) that is often used to resolve family, employment and commercial disputes. It can save time, money and stress for all parties involved in a dispute.
Litigation is a lengthy and costly process. In the US alone, there are over 1.3 million civil cases filed each year and it can cost between $8,000 and $100,000 to resolve a case. The cost of litigation can be even more expensive when attorneys are hired to litigate the case for both parties. Mediation offers a fast, cost effective and highly confidential alternative to litigation and is widely available.
Mediation can be used at any stage of the settlement process or during a litigated case, such as for class actions and contract disputes. The benefits of mediation include retaining control over the future, maintaining relationships that are important to both parties and being able to settle the dispute without a judge’s final decision.
The most important thing to remember about mediation is that it is a voluntary process. The more prepared you are for the session, the more likely it is that you will come away with a solution that works for all parties. It is crucial to understand your own goals, interests and needs as well as those of the other party. The better you understand your opponent’s feelings, perspectives and ideas, the more creative you can be in creating a solution that will work for everyone.