Why Mediate?
Every now and then people or businesses encounter disputes with others which can’t be resolved in the usual manner. Each party is stuck in their position and there is little to no progress in resolving the dispute. There needs to be a way to restart communication and navigate each party’s different interests. These are the type of situations where mediation and a skilled mediator can be useful. The mediator will help to clarify and help to balance expectations.
What is Mediation?
Mediation is the process of resolving disputes and reaching agreements without going to court. The mediator is a neutral third party who can define issues, clarify positions and encourage solutions and options. The mediator does not make decisions for the parties and does not give legal advice. Mediation is generally quicker and cheaper than traditional court systems. The mediator is not a judge. They are not there to make decisions for you. They are there to contribute to the creative solution brainstorming process and act as an idea center based on their experiences.
What Happens During Mediation?
Parties decide to mediate for many different reasons. It could be a civil conflict, real estate, or issues at work. It could be a family dispute involving custody, divorce, or child support. Parties may be nervous about this process and may not know what to expect. You may be asking yourself, what happens during mediation? When parties arrive, they are greeted by the mediator. Once everyone is seated, the mediator will explain their neutrality to the group and give a brief background about themselves. The mediator will make sure that all parties are acting in good faith and agree to mediate. They will discuss housekeeping items and explain the ground rules. Some general rules include no weapons, no recording, no cell phones and an explanation of how confidentiality works. After this, they will go into more detail and explain the steps in the process. Each party is given uninterrupted time to introduce themselves and the reasons they are there to mediate, along with what they hope to accomplish in the mediation.
Working towards Dispute Resolution
The parties will then discuss their conflict. This includes questions, comments and materials brought to the mediation. The mediator will at times guide the discussion focusing on clarifying, negotiating common ground and creating future options. If a party needs to speak privately with the mediator, they may ask for a caucus to discuss a concern, clarification, or guidance on how to approach a topic with the other party. The mediator will provide equal time to each party for a caucus. As the conversation moves towards the negotiation stage, the mediator will take notes on agreeable areas and points of interest. The mediator will act as a scribe and take down their notes and thoughts. Note that not all mediations result in agreements being reached.
How Aces Mediation by Rick Law Can Help
Mediation can be a great process. It doesn’t solve every problem and isn’t a slam dunk for every case but there are great outcomes that come from mediation that make it worth the effort and time involved to go through the process. Mediation can happen before a case starts, before a trial or even before an appeal. If you are interested in giving mediation a try, contact us at Aces Mediation by Rick Law for a free consultation!