Mediation Services
Mediation services can help resolve disputes in a more efficient manner than going to court. They can reduce costs, speed up the process and help parties preserve relationships. Mediation can be provided by the courts, government or community programs, or private mediators. The cost of mediation varies but may be free or on a sliding fee scale.
Before selecting a mediator, parties should ask for references from other clients. They should also find out how much experience the mediator has in their field of practice, and whether they have successfully handled cases involving the type of dispute in which they are involved. They should also determine whether the mediator is willing to handle their case using a facilitative approach or an evaluative approach. They should also decide whether they want one mediator or multiple mediators.
In many cases, the key to successful mediation is for the mediator to understand the emotions that are attached to a conflict and work with them. This will help parties to be more creative in developing solutions. In addition, the more that a party understands what their essential and non-essential interests are the more they will be able to identify and negotiate on those issues. It is important to understand that a mediator’s interest is helping the parties reach a settlement and this will usually be different from your interests.
Another benefit of mediation is its confidentiality. Litigation is often a public process and can be damaging to the reputation of the disputing parties. Mediation is confidential and can be more empowering to the parties as they get control of their situation from the vantage point of their own solution.
The participants with a dispute decide what resolution is best for them, and the process of mediation can be used as the first step in seeking a resolution or as a way to interrupt litigation or arbitration where negotiations have not been successful. It can also be a valuable tool in learning how to conduct future negotiations. Mediation is particularly appropriate where the dispute involves continuing contractual relationships, such as licensing agreements, distribution agreements or joint research and development (R&D) contracts.
It is important to remember that although mediation offers several benefits, it is not the right path for every dispute. Litigation may be the appropriate path in a situation where there is an urgent need to address a matter before the Court, or where there are concerns about the safety of people or the integrity of property. A skilled attorney can advise on the appropriate path to take, including whether mediation is an option.