Types of Disputes
Why Should I Mediate
What is a Mediator
How is Mediation Used
OF DISPUTES CAN BE RESOLVED THRU MEDIATION?
disputes between divorcing parties including custody, child and property;
- employment disputes including wrongful termination and harassment;
- contract disputes (covenants not to compete, service contracts & ownership
WHY SHOULD I MEDIATE?
WHAT IS THE ROLE OF THE MEDIATOR?
Mediation can be used in many areas for settlement issues related to employment,
contracts, and divorce;
- Mediation is available any time both parties are willing to engage in the
process, even if they are already involved in a contested court case;
- Mediation is
than going to court with both parties to the dispute sharing the cost;
A complete mediation process in most cases costs less than a single day in
Mediation is efficient. Agreements are usually reached much faster than in the
court process. The participants may meet for 2 to 5 sessions;
Mediation is responsive to urgent needs such as support and custody
arrangements. Temporary settlements can be made while the parties develop final
Mediation is confidential and prevents public exposure of private matters;
Mediation is voluntary. The parties are not forced to participate or submit to
any unacceptable resolution.
Mediation is effective because settlements based on mutual satisfaction and
voluntary agreement will, more likely, be honored by the parties;
Mediation is especially useful to parents facing separation or divorce, who need
to maintain a positive working relationship.
- A mediator stands in the middle of a conflict and reduces the tension in
- A mediator filters out emotions, insult and similar problems;
- A mediator helps the parties work towards renewing communication without the
personal issues that the individuals may have with each other.
- A mediator helps parties look towards the long run and realize when there is not
a "long run."
- A mediator helps the parties focus on creating solutions that will last rather
than ones that can be imposed.
- A mediator can also help people to remember not to worry about problems that
will be over long before a solution is worked out.
* Mediation is an aid for resolving disputes, but does not replace the current
HOW IS MEDIATION USED?
Mediation in Divorce.
Divorce proceedings are imperfect at best and devastating at their worst. You
never suspect when you marry that the person you love may one day seem like a
In a legal battle, parties submit affidavits - sworn statements - to the court
to support reasons why that individual should have custody, spousal maintenance,
visitation or certain items or property. Those statements may demean the other
party and set the stage for an antagonistic relationship between the parties
into the future. This can be extremely damaging, particularly where children are
More and more, parties are turning to mediation to resolve their disputes.
Through mediation parties are able to address the real issues and craft creative
solutions that a court might be unlikely to order. The greatest advantage of
mediation, however, is teaching the parties to COMMUNICATE.
This very often will allow them to avoid return trips to court in the future and
minimize the impact of the process on children. Even if mediation fails, the
communications of the parties in the mediation process are confidential and
cannot be used in the divorce proceeding.
Institutional Mediation is heralded as an effective way to resolve disputes
within the work environment of large corporations, schools or hospitals. It is
often used to reconcile differences between recognized subdivisions within an
institution. Mediators are able to use the same techniques that are implemented
in one-on-one and small group mediations.
As with the larger issues, staff mediators help defuse tension, focus on
solutions that last, aid in avoiding the legal system, and bring parties towards
acceptance of issues they have failed to appreciate. Sometimes the problem is
pretty obvious, as when the institution gets a letter from a lawyer or a labor
strike begins. At the same time, the problem may not be so obvious.
In the age in which we live, even young children are exposed to lawsuits because
of their behavior at school, on the school bus, or in the neighborhood. There is
a new sensitivity and much behavior that would have been accepted as a childish
mistake is now subject to litigation. Mediating these disputes teaches the
students to communicate regarding their grievances, providing a valuable lesson
in dealing with other people now and in the future. It also allows the school to
redress problems before the become the subject of a lawsuit.