Conflict Resolution Services | Benefits of Mediation

Mediation Is a Win-Win

If you participate in mediation, you and the other participants determine the issues to mediate and the procedure used. You and the others must agree to the outcome with the help of the mediator. You may address the issues that are important to you, and the other participants have the opportunity to hear and understand you. You can also expect to listen intently as the other parties explain their positions.

Mediation works because it is:

Collaborative and customized. You and the other participants work together with the mediator to reach a result that you and the others find acceptable. In mediation, you can resolve legal and non-legal issues. You also can talk about procedural and psychological concerns, which litigation cannot address.
Compliance-friendly. Because you all agree on the settlement you have an excellent probability of long-term compliance. Because of this situation, you can avoid future costs of enforcement. Conflict Resolution Services can help you formulate payment arrangements or structured settlements so both sides are aware of their rights and responsibilities.
Confidential. Mediation is confidential and content cannot be used in any subsequent court or other proceeding. Any memoranda submitted and notes taken by the mediator are also confidential. (Most court proceedings are public, forcing business secrets or “dirty laundry” to be aired in open court; however, no non-participants can be present at mediation without the consent of the participants.)
Controlled by the participants. Those who are actually involved in the conflict control the outcome. The settlement conforms to the wishes of the participants rather than being restricted by the parameters of a judicial determination.
Economical. Mediation avoids the high costs of litigation or decreased productivity due to unresolved disputes.
Impartial, neutral, balanced, and safe. The mediator is neutral and has an ethical duty to assist each party by providing expertise to ensure that the participants reach voluntary agreement without coercion, threats or intimidation by either side.
Informal. The participants can avail themselves of legal representation if they desire, but lawyers are not required.
Preservation of ongoing relationships. Where there are ongoing interactions, such as family, employment, partnership or probate matters, those relationships can be preserved through mediation.
Quick. Often a resolution can be reached in a minimum of session.
Termination of relationships in a more amicable way. If the relationship cannot continue, mediation can assist in a termination or exit strategy, which allows all participants to preserve their dignity and assure no further claims will be made by either side.
Voluntary. The participants must both want to mediate to reach an agreement, and either can walk away at any time, so there is no coercion or forced resolution.
Win-win. Because all participants participate in the resolution, everyone has a vested interest in the outcome and a stake in its success. When there is a solution that all can live with, they do so with improved communication and common purpose.