Mediation = Resolution with Respect
Mediation is often:
- Quicker, and less costly than a lawsuit
- The results are certain and and the process is flexible to meet your needs
- The result can generally be private
John R. Van Winkle, in his book on mediation, describes litigation as a train ride: the path is narrow, the results (like train stations) are few, and if your desired destination is not one pre-determined by the process, you are out of luck. Van Winkle says mediation is an opportunity to stop the train, get off, and see if the place you are heading is the place where you want to go.
When you mediate, you will not be taken advantage of by the process, the other people or parties involved, or the mediator.
In mediation, those involved can choose the mediator, and design the process to work for them. That might mean evening meetings, to accommodate work schedules, or a series of shorter meetings initially, to lessen stress. The people involved control what topics are covered in a mediation, and they get to choose the solution; the mediator cannot and will not impose a solution, unlike the litigation process, where resolutions are imposed by a judge or jury.
Your voice is heard, and counts.
The mediator assists the parties in discussions. A skillful mediator will help each party express his or hr point of view, work to understand it, and work to see that the other party involved understands it as well. This personal attention from the mediator, along with a focus on working to reach agreement if possible, means that your voice will be heard. In mediation, you are working with the mediator and the other party or person directly, rather than indirectly, through counsel, masses of back-and forth paperwork and a judge or jury who have no stake in seeing that you resolve your dispute.
You control the discussions and the resolution.
In mediation, the parties design the discussion, the format and the process for moving forward with the help of the mediator. The process can be made very efficient, because it is made to focus on your issues and needs, rather than a one-size-fits all process. The back-and-forth of lengthy, complicated documents in the normal court process can be eliminated when those involved agree to share the information needed to reach a resolution. This efficiency means savings, of time, money and stress. In the workplace, mediation can mean that people are productive, even while they work through problems.
You preserve on-going relationships.
In family disputes, and in business disputes, often the parties want to preserve those relationships, even while they need to resolve a problem. The cost, time, and adversarial nature of legal proceedings make that difficult, if not impossible. In mediation, where the focus is on resolution, and the need for the parties to continue to work together is respected, those on-going relationships can be preserved, and even strengthened.
Mediators provide a customized process, in which the parties and people involved choose the process, work toward understanding, and ultimately choose the way the problem or dispute is resolved. This flexibility, and focus on the future respects the parties, and their needs in a way that litigation and adversarial processes cannot. The result is respect for you, and your needs.
Take Action to Resolve Your Dispute
Whether you are anticipating divorce or a lawsuit, or are already fully entangled in your trip on the litigation train, contact me for help in effectively resolving the problem and preventing months, and even years of drawn-out, expensive and uncertain litigation.
Mediation usually costs far less than litigation, and I have more than a decade of experience as a mediator in the courts, in administrative proceedings, and for people and companies not yet involved in litigation. Let me help—Contact me for more information.