What is the role of the mediator in my dispute?
A mediator is a third-party neutral who helps guide you and the other party in your dispute to a resolution. The mediator doesn’t play the role of giving you financial or legal advice but instead helps to facilitate conversation that is meaningful and valuable for resolving your conflict. In mediation, the neutral can also be helpful for diffusing conflict and issues, and instead leading parties towards points of agreement.
What is the role of disputing parties in mediation?
Mediation works best when both parties come to the table with the intention of reaching a resolution in good faith. Many people prefer mediation because it’s a less formal and better environment for dispute resolution, but it’s important that both parties come to the table with honest and open communication. Another important thing to remember is that you should approach mediation with compromise in mind. Don’t come to the table with hard and fast terms, since you might find that you are more likely to reach a resolution when you are open to making compromises.
Why should I consider bringing my dispute to mediation?
There are many benefits that can be achieved through mediation. Mediation is becoming a more popular form of dispute resolution across the country in many different industries because it is a flexible alternative for conflicts across the board. You can achieve benefits of reduced stress, reduced expenses, and time spent in litigation by choosing to use mediation instead. If you believe that you are the disputing party might be able to resolve your issues outside of court, or you believe there are only a few minor issues to be discussed, you can avoid the headaches of litigation and instead opt to mediate your dispute with a professional.
Is a mediator required to be an attorney?
Many mediators are lawyers, but it’s not a requirement to become a mediator. Many mediators use their specific industry experience to bring skills to the table. In healthcare disputes, for example, it can be to your benefit to hire a mediator with experience in medicine and healthcare. It can actually be to your benefit to use a mediator who hasn’t practiced law, since he or she will be focused on helping you communicate more effectively. You can benefit from another person’s understanding of resolving disputes in that field while playing a bigger role in your own meetings as well.
Is mediation different from arbitration?
While both mediation and arbitration are forms of alternative dispute resolution, these are different ways to resolve your conflicts. In arbitration, an arbitrator hears your case to generate a final decision based on the facts. In arbitration, it’s very possible that you will have a “winner” and a “loser”. Mediation, on the other hand, is more flexible and can actually lead to a satisfactory outcome for both parties.
Why is mediation becoming more popular?
As you have already read, many individuals are reaping benefits from mediation because it reduces time, expenses and stress. Mediation puts the power in your hands, allowing you the opportunity to interact in a civil and effective manner with the other party post-mediation. Many parties in civil, discrimination, healthcare, and discrimination mediation prefer to resolve their disputes outside of the courtroom. For parents of minor children especially, mediation can be a good place to learn communication skills that will be useful in the future.
What else do I need to know about mediation?
Sometimes, mediation meetings are mandated by the court. In some situations mediation is used to try and resolve disputes before they enter the litigation process. Continuing mediation, however, is voluntary. This is another one of the benefits of mediation, since disputing parties are in the driver’s seat. As a participant in mediation, you have more power over how the proceedings unfold and what your agreement will look like in the end. A mediator will be more flexible to adapting mediation meetings to your needs as you go, leading to better results for you in the end.