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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.

 

 
“ Progress in Mediation comes swiftly for those who try hardest. Civility is not  a sign of weakness  __ President John F. Kennedy
 
 

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
 

the parties have no time for litigation

the sides agree on issues that cannot be disclosed to third parties (specially in court).

confidentiality is important

emotions impede efficient negotiations between the parties

the parties wish to preserve their business relationships

the parties wish to produce results regardless of the circumstances

it is necessary to negotiate and sign an agreement

Mediation is less likely to succeed when

a party doubts the mediator’s impartiality

a party seeks to disclose the conflict to the public

a party intends to resolve the dispute through litigation

judicial control is needed to enforce a court order

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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Life's too Short not to Listen !

GrassRoots Seminars & Workshops

MNL101- Mediating Extj. disp.

MNL102 - M & M  Litigated Case

MNL103- Mediating Fam. Disp. 

MNL104- Mediating Work Pl. .

MNL105 - DR System Design

MNL106- Mediationg Cross-.Cul
MNL107 - Advocate to Mediator
MNL108 - Medi - Arbitratorr

Boot Camp at Sea