Mediation is a dispute resolution process that involves the facilitation of discussions between disputing parties. Mediation is typically less expensive and more informal than litigation, and provides an opportunity for disputing parties to reach their own mutually acceptable settlement terms. It is often quicker than a trial, and may be more effective in preserving and restoring relationships that would otherwise be damaged by a lawsuit.
Mediators are trained in working with difficult situations and disputes. They are neutral and unbiased; they are not lawyers, judges or arbitrators and they do not decide the outcome of your case. They are able to assist disputing parties in their negotiations by helping them to consider the alternatives and options available to them. They also help disputing parties work through the emotional, financial and other underlying issues that are the root cause of their dispute.
There are different types of mediation, including transformative mediation, which focuses on supporting the party’s shift toward empowerment and recognition. Transformative mediation encourages deliberation and a deeper level of interaction between the parties, which can help them find new solutions to their disputes.
It is important that a person who is considering participating in a mediation session choose the right mediator for their case. The mediator must be someone who is experienced and whose style will fit the parties’ needs. The mediator should also be a good communicator, able to quickly establish rapport with the parties, and provide clarity and understanding to both sides. The mediator should be able to understand the strengths and weaknesses of each party’s position, and be able to identify what is most important for the parties in reaching an agreement.
The best mediators are able to help the parties come up with creative and innovative solutions that have never been considered before. They are able to see the bigger picture and look beyond the legal issues at hand, so that they can resolve their dispute quickly and cost-effectively.
Having the right mediator can be a life-changing experience for the parties involved. Having the peace of mind that they are working towards a positive future and not focusing on their pending legal battle can significantly impact the individuals’ finances, family lives, job performance, health, other relationships and overall well-being. In addition, mediation can be completed within a few hours, as opposed to the weeks it might take for a trial.
When choosing a mediator it is important to consider their background, experience and reputation. Lawyers tend to be the preferred choice, but non-lawyer mediators can be just as effective. Non-lawyers can bring to the table training they have received as counselors, coaches, psychologists and therapists, social workers, teachers or business people. They can also bring to the table their own experiences with workplace conflict, as well as their expertise in dealing with complex disputes and relationships. mediators