A quick and affordable way to reach a settlement in civil disputes.
Civil mediation is a process by which a professionally trained mediator aids in negotiation between parties in dispute. Civil mediation is a fast and affordable way to reach a settlement rather than engaging in expensive and time-consuming legal proceedings. In some cases, civil mediation can be over in less than a day depending on the complexity of the dispute.
If you are considering mediation to handle a disagreement of your own, here are some important facts and benefits you need to know.
Considering The Benefits of Civil Mediation
The job of the mediator is to help facilitate a discussion between the involved parties which encourages understanding and acknowledgment of each other’s interests. Mediators also help remind the parties engaged in the dispute that pragmatic reasons for finding a resolution can sometimes be just as important as the issue of the debate itself.
In many cases of dispute, mediators aid the parties in understanding that although they are in disagreement there are usually shared motivations and interests. By identifying these shared interests, a mediator then has the ability to create a strategy towards resolution.
Examples of shared interests and concerns:
- Losing in a court of law
- Maintaining good standing into the future
- Quick resolution
- Low cost
- Aversion to the courtroom experience
- Conflict reduction
Regardless if you are currently in a dispute or hoping to resolve one, one should always consider the practical reasons for avoiding a disagreement in a courtroom setting.
How A Mediator Works
Mediators are neutral and unlike lawyers, are essentially only there to assist with the negotiation process. They ensure the necessary information is obtained and that both party’s interests are heard and that the goals of resolution are established. Mediators never impose decisions themselves, but rather guide the involved parties to develop them on their own terms. A core function of the mediation process is to empower the mutual parties by fostering open lines of communication.
A mediator may suggest seeking advice or clarification from family, friends, other involved or professional third parties during the mediation process. To guarantee that things are clearly understood, a mediator may suggest the parties consult with their attorney or accountant before decisions are made. Ultimately, no documents or settlements will be signed until each party feels that the dispute has been resolved in a satisfactory manner.
Knowing When To Hire A Mediator
Just like most legal matters, disputes have their own unique subjects, motivations, and context. With this in mind, understanding your options for bringing your particular type of disagreement to resolution is important to the process when considering mediation.
Inadequate Mutual Understanding
When one or both parties engaged in a dispute are unable to recognize the issues created by the disagreement, mediation can be very helpful. A mediator is a neutral third-party and their point of view of the situation can many times help the parties see things through a different set of eyes. The inability to see the dispute in a realistic way is, in most cases, the barrier keeping a dispute from reaching a resolution.
Maintaining A Positive Relationship
When the parties engaged in a dispute have vested interest in future relations, be them business partners, family, or friends, it is important to bring the issue to resolution as quickly and painless as possible. Mediation creates a vehicle to cut back on emotional conflict which increases the chances of preserving a positive future relationship.
If one or both parties have reached a point where logical conversation surrounding the dispute proves difficult due to elevated emotional distress or anger, a mediator can many times help establish an environment where a civil and constructive conversation would otherwise not be possible.