Mediation is a method of alternative dispute resolution that allows people involved in a dispute to resolve the issue efficiently and effectively. It is beneficial for everyone involved and makes it possible to avoid the expense and frustration of the litigation process.
What are the Benefits of Mediation?
Mediation offers several benefits, including:
Time savings: Mediation is a more efficient way to address an issue and find a resolution as quickly as possible. Those involved in the dispute are responsible for negotiating the outcome. They have control of the process and can decide whether they want to compromise quickly or drag things out. If saving time and getting back to normal after a dispute is important, mediation is a great option.
Cost savings: In most cases, mediation costs less than litigation. In part, this is because it is more efficient and does not require the hours needed to build a case. It costs less because fewer resources are needed to resolve an issue.
Mutually beneficial: Mediation is a way to resolve an issue that allows everyone to walk away from the dispute satisfied with the outcome. Litigation creates winners and losers. Only one party will be happy with the outcome in litigation and some cases, not even one party is happy with the outcome. This is not the case with mediation. Those most affected by the outcome are the people in charge of designing that outcome. Mediation is not successful until everyone involved agrees on the resolution.
Communication-based: The mediation process is based on communication. Mediators bring together those involved in a dispute to discuss possible outcomes and explore the pros and cons of each of those possible resolutions. Everyone is allowed to speak his or her opinion and share their concerns about the matter. In addition to creating a healthier environment for resolving the issue at hand, mediation provides the skills needed to help resolve issues in the future if any arise.
Is Mediation the Best Option for You?
Mediation is not right in every circumstance, but it might be right for helping you resolve your dispute. There are very few instances in which mediation cannot be considered an option for resolving a legal dispute.
As long as all parties are willing to come together and negotiate in good faith, mediation can produce a fair and legal resolution.
But for a mediation to be successful, disputing parties must rely on a skilled mediator to help guide the process. Mediators have no say in the outcome, nor do they make a ruling or issue an opinion. They do, however, help parties discuss the issue and explore potential outcomes. They keep negotiations on track and ensure that everyone has a say in the matter. Many even have experience dealing with specific types of disputes, so you know someone with experience and knowledge in a particular field is overseeing the negotiations – something that rarely, if ever, happens in a courtroom.
Mediators like Ann O’Malley Shake facilitate productive communication and help those involved in a disputed design an effective resolution to their problem. For more information or to schedule a consultation to discuss alternative dispute resolution with Ann, contact her at 502-721-9900.