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Mediation not Litigation ~
we can work it out !
What is Mediation?
Mediation is an important aspect of Alternative Dispute Resolution (ADR).
Mediation is the intervention of a neutral third party in a dispute.
The object is to enable the two sides to reach a compromise solution
to their differences, which the mediator usually does by seeing
representatives of each side separately and then together. If the
mediator has power to make binding awards the process is known as
“Arbitration” ; if he can only suggest means of settling the
dispute it is known as “Conciliation”. The main goal of any
mediation is the amicable settlement of disputes.
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“ Progress in Mediation comes swiftly for those who try
hardest. Civility is not a sign of weakness __
President John F. Kennedy
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Mediation does not aim to determine the guilty party and force it to
fulfill certain obligations (as in the case of litigation), but
attempts to find a compromise. By avoiding mandatory compensation,
mediation retains the possibility of the parties pursuing the
transaction and preserving their relationship. Mediation makes it
possible to avoid litigation costs and allows the parties to find a
solution based on informal agreements.
A mediator plays an impartial
role in the conflict, thereby ensuring a neutral discussion of the
disputed matters, even if there is mutual distrust between the parties
and helps the parties think
through the issue of fairness.
Why Mediate Not Litigate?
Joseph
Gyrnbaum: “An ounce of Mediation is worth a pound of
Arbitration and a ton of Litigation"
Mediation is most likely to succeed when
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the parties have no time for litigation |
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the sides agree on issues that cannot be disclosed to
third parties (specially in court). |
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confidentiality is important |
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emotions impede efficient negotiations between the
parties |
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the parties wish to preserve their business
relationships |
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the parties wish to produce results regardless of
the circumstances |
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it is necessary to negotiate and sign an agreement |
Mediation is less likely to succeed when
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a party doubts the mediator’s impartiality |
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a party seeks to disclose the conflict to the public |
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a party intends to resolve the dispute through
litigation |
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judicial control is needed to enforce a court order |
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the dispute involves criminal and/or constitutional
matters. |
Outcomes of mediation
Mediation results in an official document (a protocol, plan, agreement
or additional accord to the existing contract) specifying equitable,
legal and practical obligations satisfactory to all concerned,
developed through successful negotiations. Once a mutually agreeable solution is reached, the mediator, at the
parties’ option, may act as an independent observer ensuring that
the sides’ interests are met and resolving minor issues as they
arise, thus avoiding serious consequences.
What MediationJD can do for you? MediationJD is a Mediation, Ethics & Leadership
training and consulting firm
Click for:
Courses, Seminars and Workshops listed on the right hand side
for Descriptions, Schedule and
Registration or contact MediationJD
Training Coordinator, at 310-544-1434 or email
to: info@MediationJD.com
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