Mediation

What is mediation?

Mediation is the logical extension of negotiations when parties are at impasse or cannot move in a mutually satisfying direction within their dispute. Parties employ a trained, neutral, and impartial person(s) to assist them in identifying issues and interests. This interest-based negotiation with the mediator identifies options and choices, which the parties may elect in satisfaction of their needs. It is different from positional bargaining in that parties are asked to listen actively, not argue, focus on the problem, and satisfy each other’s needs. The parties retain control of the process, although attorneys or others are invited to participate. Mediation is not compromise or mitigation of the interests you have in the conflict, but it is collaboration with others to satisfy their needs also.

• Mediation is a process which assists parties to resolve their dispute by listening to understand rather than listening to respond.
• Parties in dispute use the services of a neutral mediator to help them communicate and assist them in negotiating a satisfying solution.
• Mediation can be used when private discussions have broken down or negotiations have reached an impasse and the parties believe that a neutral can help them generate creative solutions to resolve the dispute.
• Mediation focuses on the parties’ “interests” (what the real problem is and what it will take to address it) rather than concentrating on the parties’ “positions” (who is right or wrong).
• Mediation can be used to defuse or redirect the emotions of a conflict and help parties get beyond their anger, hurt, or other negativity in dealing with the problem.
  Mediation is voluntary, and all parties must want to use it for constructive resolution.
• Mediation enables all sides to have open and honest discussions with each other in order to better understand and reach agreement on some or all issues.
• Mediation sessions are private, confidential, and privileged communications.
• As a third party neutral, the mediator does not make decisions or make findings of fact, unless the parties request an evaluative style of mediation.
• If the mediation process does not result in a successful settlement of the dispute, concessions or promises made by either party during negotiations are not binding in future litigation, unless agreed to.
• A mediation agreement is a contract and is legally binding and enforceable.
  Sometimes mediation can result in resolving a portion of the larger dispute.
• By using mediation, neither party gives up any rights available before.

What about divorce mediation?

People often ask, “Does mediation really work?” In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something. The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.

What about other contexts?

Mediation works very well in a variety of contexts. It is especially effective where there is the need to maintain a workable relationship moving forward. Because agreements represent parties interests, they tend to be more durable.

Contact us to see if mediation is right for you.