Mediation is a process where a neutral third party (the mediator) facilitates a discussion between parties who cannot come to an agreement but desire to have an issue settled.
Most people are familiar with the idea of suing people to resolve disputes, but fewer have
heard of mediation, which is a less costly and faster way of resolving disputes.
What are the advantages of mediation as opposed to litigation (going to court):
Mediation has a high success rate.
Mediation has a lower cost than traditional litigation.
Mediation allows you to remain in control and make your own decisions.
Mediation is confidential.
Mediation is private.
Mediation is voluntary.
Mediation is effective because settlements are based on mutual satisfaction, and since the agreement is voluntary, it will more likely be honored by the parties.
Mediation is less formal and conducted in a relaxed atmosphere.
Mediation allows the parties to be creative in choosing a resolution.
There are some downsides:
Mediation will only work when the parties are voluntarily seeking a solution. Even when it is court-ordered, the parties have to want to come to an agreement.
If the Mediation is not court-ordered, it does not become a part of an order. The settlement agreement is legally binding, but if one or the other parties breaches it, they will have to go to court to enforce it.
If one party's expectations are unrealistic and refuse to budge, there may not be a resolution.
It is important to note that all conversations during mediation are confidential. Even if litigation is necessary in the future, the conversations during the mediation cannot be disclosed or subpoenaed.
If you are interested in preserving relationships by resolving issues that have eroded those relationships, mediation may be a solution for you. The key is that all parties want a resolution and recognize that there may need to be a compromise. We can mediate any dispute but work, especially with families who are struggling over the death of someone or an illness that has caused some children to be “in the know” and others to feel left out. If that describes your situation, call me before your relationships with your family members are permanently destroyed.
Our goal is to preserve families so they can help bear each other's burdens.