Mediate or Litigate
In 15 years of mediation, I find that the majority of the public is not aware that there is an alternative way to settle their disagreements and disputes. When talking to the average citizen, they would be hard pressed to define what “mediation” really means. As defined, mediation is: a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict.
Unlike a judge or an arbitrator whose decision subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties. In the traditional, process, people in dispute look for an attorney to help them settle any problems they have. In certain circumstances, that course of action is appropriate. However, it is imperative that the general public be made aware that an alternative to litigation does exist.
So, what are the advantages of mediation versus
litigation?
Mediation is private and confidential.
Mediation provides for a safe environment for the participants to explore options and can modify their positions without fear of losing face in front of colleges and coworkers.
In mediation, parties come together in a private and neutral location with an impartial third-party to talk about their conflict and negotiate a resolution to it that addresses the needs and interests of both parties. Whatever is discussed during the session is treated as confidential and will not be disclosed to anyone unless it is expressly requested and agreed by both parties or ethically violates the pre-set parameters of confidentiality.
Mediation has a high rate of compliance. Parties who have reached their own “customized” agreement are generally more likely to follow through and abide and comply with its terms than those whose agreement has been imposed by a third-party decision-maker. Parties that negotiate their own settlements have more control over the outcome of their dispute and gains and losses are more predictable when they maintain the decision-making power than when decisions about the outcome of disputes are turned over to outside third parties.
Mediation involves mutually satisfactory agreements in which all parties have at least some of their interests met to the degree that they are willing to support the overall agreement.
Mediation helps preserve ongoing relationships.
Mediation agreements, which result in negotiated solutions that address each of the parties’ needs (win/win), are much better able to preserve present and future working relationships than win/lose procedures. If a future working relationship is important, a negotiated settlement may be the best resolution possible whereby all-gain solutions are created. Mediation is often a helpful healing process and encourages direct communication between parties. The mutual resolution will also help give the parties a place to start for future interactions.
Mediation is both timely and convenient. Mediation can be scheduled and held in a matter of days, not weeks or months. This can be critical to intervening in the escalation of conflict and prevent unnecessary delays in finding mutually agreeable resolutions.
How does mediation work?
The mediation process starts with each party having an opportunity to share their view of the conflict, with no interruptions. You should be prepared to discuss what has brought you to mediation and what your needs and interests are in this conflict. This is an opportunity to lay out your concerns, not to “make your case.” Mediation is not about proving anything; it’s about resolving differences and finding a workable solution.
The mediators will then help you to shift gears to problem solving. Problem solving involves all parties looking at possible ways to resolve the issues at had. As there is usually more than one issue to work on, this part of mediation demands creativity and flexibility on the part of you and the other parties. Your mediators will help you to arrive at an appropriate solution that all parties can agree to.
When you reach a solution that meets everyone’s needs, the mediators will write up an agreement for all parties to sign. Everyone who signs will receive a copy of the agreement. This agreement is a contract, and all those who sign it are expected to live up to its terms.
What types of disputes can be mediated?
- Landlord/Tenant disputes both in and outside of court
- Neighbor disputes
- Sexual Harassment claims
- Matrimonial-Fee disputes
- Parenting Agreements
- Community disputes
- Business disputes
- Church disputes/disagreements
If mediation is so great, why do so few people know about it? Essentially, it stays hidden because there has been little or no effort made to inform the public about the process and/or its advantages. Individuals and organizations that are interested in learning more about mediation can do so on the internet, or contacting the local court system and asking about mediation in their court system. If an individual has already contacted an attorney, the attorney can put them in touch with qualified mediators in your area. As mentioned earlier, mediation can be used to settle most issues we face at home, in our community, at work and in our places of worship.
To obtain more information about mediation contact Russell Walker at RWalker825@aol.com.
