Mediation is the process in which disputing parties attempt to resolve conflict with the assistance of an unbiased, third party, attorney. The lawyer assists the participants in isolating their divisive issues and then supports them in arriving at a reasonable resolution which is satisfactory to both sides. Any resolutions offered are not binding unless an agreement is reached between the two sides.
The mediation lawyer brings a thorough knowledge of the area in which the parties disagree and offers possibilities for resolving issues while maintaining the privacy and confidentially of those involved. They aid clients in evaluating the reality of their position in the conflict and the remedies they seek. The personal attention given by the lawyer to each party’s specific concerns helps facilitate satisfactory solutions.
Each conflict is unique. The mediator can offer original and inventive ideas that address the needs of each party and lead to mutually agreeable answers to the disagreement. If necessary, the mediator will meet with each participant privately to ensure that they are at ease with the direction and progress of the mediation. The mediator guarantees that each party will have a voice in the resolution of their conflict and that no individual will have an advantage over the other.
This method of conflict resolution offers the benefit of being more cost effective than entering into the formal litigation process. The parties will often share the cost of mediation as opposed to each paying for separate counsel, court costs, and other expenses required by the court procedures.
Mediation is less time consuming than traditional civil resolution remedies. A session may last at a minimum, two hours or may take as long as two days. The session can however, be scheduled with the needs of the clients in mind rather than the timetable of a court docket. A matter taken up in the customary legal process often requires months of preparation before ever reaching a settlement or setting a trial date. This can be frustrating and discouraging for clients.
Resolving conflict with a mediation lawyer can enable differing parties to better work together after the mediation session concludes. A mediator gives voice to each party and enables them to solve their problem in a fair and equitable manner. Their opinions and views have not been stifled through legal rules or court controlled admission of evidence. This satisfaction allows parties to maintain a working relationship in the future.
When people facing divisive issues have the opportunity to take responsibility for their disagreements, have their views recognized, and actively participate in creating the answer, it is probable an amenable solution can be found. The mediation lawyer is the ideal neutral component needed to accomplish this task.