What Is Mediation?
In Mediation, a professionally trained “mediator” works with people, in a structured setting, to help them come to an agreement on some or all of the issues in a dispute.
The mediator does not pick sides and remains 100% neutral and unbiased throughout the entire process.
The mediator will first meet with each party on their own, (called the “pre-mediation conference”), in order to get a better understanding of the issues that have led to the conflict and to learn where everyone stands.
After meeting with each party on their own, the mediator will then use their knowledge and expertise in various communication and negotiation techniques to structure a mediation process that is most likely to succeed and allow the parties to achieve each of their desired goals.
Sometimes, the mediator will determine that the parties are most likely to achieve a settlement by working through the issues, together, with the mediator’s support and guidance.
Other times, the mediator will determine that a settlement is more likely to occur by keeping the parties apart from one another, in which case the mediator will facilitate the discussions and negotiation by “shuttling back and forth” between them.
As the mediation proceeds, the mediator listens carefully to everyone involved in the dispute, helps them unpack each of the underlying issues that need to be resolved, and then helps them work towards solutions that are not only acceptable to everyone, but that also achieve each of their settlement goals.
All of the mediators at ClearView Conflict Resolution are also former trial lawyers who have extensive experience in the areas of Family Law, Wills and Estate Disputes, Contract Law, and Media and Entertainment Law.
Accordingly, mediation can occur with just the mediator and the parties on their own, (e.g. without lawyer(s) present), or each party can choose to have their own lawyer with them, giving them specific legal advice, in real time, as the mediation unfolds.
What Are The Advantages of Mediation?
Because the mediator is not invested in the personalities or the outcomes of the dispute, they are able to provide the parties with an unbiased and objective perspective on both the underlying issues and the possible solutions.
Mediation is also much more adaptable and flexible than courtroom litigation.
When parties hand their dispute over to the court, a Judge will simply decide the outcome(s), regardless of whether or not the parties actually agree with or like any of those decisions. Judges are also heavily restricted in how they can resolve a dispute, based entirely upon the court’s rigid legal procedures and precedents.
There is also a tremendous amount of uncertainty about how things will play out in court. This includes how all the important evidence will be received and interpreted by the Judge as much as with regard to process itself — including the selection of the Judge in the first place, the costs, the timing, the schedules, etc., etc.
In mediation, however, it is the parties themselves who maintain total control over the outcome.
A mediator does not impose any particular solution or outcome upon the parties. Instead, the mediator guides the parties towards solutions that are both customizable to the specific circumstances of the dispute and acceptable to everyone involved.
The ability of parties to customize solutions and maintain control over the final outcome(s) is often one of the biggest advantages of attempting mediation instead of going to court.
Mediation provides both certainty and flexibility.
Mediation is also significantly cheaper and considerably faster than courtroom litigation.
The costs associated with a prolonged courtroom battle can often be overwhelming — frequently costing each party tens or hundreds of thousands of dollars in legal fees alone.
Mediation, on the other hand, can sometimes be accomplished with almost no legal fees at all.
Mediation is also completely private and confidential, unlike courtroom battles that remain wide open to the public.
The entire mediation process is also voluntary, from start to finish.
If a satisfactory agreement cannot be reached, then the parties are free to either walk away from the mediation, try again at a later time, or even switch the process from Mediation to Arbitration (click on the link to learn more about the combined Med-Arb option). If these out-of-court solutions do not work, the parties always maintain the ability to return to court and let a Judge decided the matter for them.
In almost all cases, mediation is a “nothing to lose and everything to gain” option, that is seriously worth considering.
Who is Mediation best suited for?
Some of the areas that are particularly well suited for Mediation are:
- Family Disputes (divorce, separation, child custody and parenting, cohabitation, etc.)
- Wills and Estate Disputes (contested wills, inheritances, etc.)
- Contract and Commerical Disputes
- Media and Entertainment Industry Disputes
- Workplace and Employment Disputes