GENERAL DESCRIPTION
Mediation is a non-adversarial method of conflict resolution. The role of a mediator is to facilitate a compromise between the parties without favoritism.
Key requirements for success:
1. Both parties must agree.
2. Emotions need to be minimized.
3. Neither party should expect full satisfaction.
4. All negotiations are confidential.
This process is voluntary. If the parties come to a mutual agreement, this is memorialized in writing and signed by all parties. The agreement ends the dispute and is enforceable, if necessary, by a court of law.
It is important to know that all settlement discussions, including those occurring during mediation, cannot be used as evidence in a subsequent legal arena.
The rules of evidence and other legal rules do not apply to mediation.
Often, the mediation will begin with both parties stating their respective positions. If the positions are far apart, separation of the parties into conference rooms is best with the mediator moving from room to room, attempting to see if there can be movement toward a mutually agreeable position. If the mediator senses unwillingness to compromise, the mediation is best terminated.
If the mediation is not successful on the first attempt, a later attempt may work after time to digest the proceedings.
Mediation can work before or after you have an attorney.
Obviously, if there is a lawsuit, there will be certain legal proceedings including legal discovery or depositions which precede a trial.
If a dispute proceeds to trial, there will be a "winner" and "loser". Both will have significant legal expenses, resulting in both being potential "losers".
I agree to be respectful of all participants and will express all disagreements calmly.
I agree to listen before responding.
I agree to consider the pros and cons.
I agree that any resolution will be in writing and legally binding, ending the dispute.
I agree that all discussions and offers during mediation are confidential and cannot be used as evidence.
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With civilization and laws we have evolved to resolve disputes without physical violence.
