Mediation is a flexible, non-binding dispute resolution process in which a neutral third party (the mediator) assists two or more disputants to reach a voluntary, negotiated settlement of their differences. The parties have ultimate control of the decision to settle and the terms of resolution.
The mediator uses a variety of skills and techniques and looks to the parties to identify what can work for them and to help them reach a settlement, but has no power to make a decision. The parties remain the decision makers.
The mediation process also may help the parties prove the strengths and weaknesses of their legal positions, enhance communications, explore the consequences of not settling, and generate settlement options. Mediation sessions sometimes result in creative solutions, including those where both sides can profit from the settlement terms.
Mediation sessions also are generally confidential and the parties enter into formal confidentiality agreement before the start of the mediation. Such agreements can preclude a party from later using in litigation or arbitration the information obtained during mediation. This confidentiality provision is a part of mediation law.
The key to A&B Mediation’s service is to maintain the relationship between the conflicting parties involved so a relationship can follow any dispute as often they need to work with each other in the future.
Benefits of Mediation
· Significantly Reduced Costs
· Significantly Shorter Time Frame
· Non Adversarial
· Non Judgemental
· Personal Empowerment
· Helps to Preserve Relationships
· Totally Confidential
· Mediation is “Without prejudice”
· Always Leaves Other Options Open
· Promotes use of Creative Solutions
· High Settlement Potential
It is important to note that the ideal outcome is that the parties can reach an agreement through mediation, but realistically sometimes they may not be able to.