Find the Five Important Steps of Mediation Process

Unlike taking a dispute to court, when two parties take their disagreement to a mediator the process of coming to an agreement does not need to be extremely rigid and formal. On the contrary, since the philosophy behind the mediation procedure is based on helping parties work out their differences without the need for a third party to make a decision, there is a relatively large amount of flexibility built into the system.

Indeed meditation is a particularly flexible process, but there remains a necessary element of structure in order to define the direction of the discussions. Without enough structure, opposing parties can easily get carried away with arguments over issues that may distract them from cooperating. Here is a typical breakdown of the mediation process.

1) Mediator Introduces the Process to Both Parties- The mediation introduction is more than just an ice-breaker, and at no point does everybody go around the table and say "if I were an animal the animal I would be is a..." Rather the mediator's job in the introduction is to explain to everyone the Mediation Process ,and how they are expected to act during the process. For example, there are certain stages in the process where everyone is expected to listen quietly to the other party without interrupting, it is important to establish rules such as this from the beginning.

2) Statements- If you are thinking about hiring a mediator than this is probably the stage that you will most look forward to. Here you, and the other party, present your case in your own words and from your own perspectives. There is nothing to be nervous about here, but it is important to present your case accurately in order that you don't carelessly misdefine the issues.

3) Discussion- Now that everyone has had a chance to present their perspective, a (hopefully) cordial and solution-focused discussion takes place. Here it is the mediator's job to keep the direction of the discussions directed towards finding an agreement. If this stage goes very well it is sometimes possible to come to a final agreement right in the discussion stage, thereby skipping the next two steps.

4) Private Caucus- Once everyone has gotten a chance to hash out the crux of the issues, it is time for the mediator to meet with each party individually. During the individual meetings, the parties are able to discuss with the mediator how strong their case is and what they really have the right to expect during negotiations.

5) Negotiations- Just like it sounds, the negotiations are the final stage of discussion before signing on the bottom line to make an agreement.

6) Closure- Although ending the mediation relationship is not as heart-wrenching as breaking off a beloved relationship with a loved one, it does require closure. There are basically two ways that a mediation procedure can end, or "close." One way that a mediated relationship can end is with an agreement, which is the optimal ending. It is usually a good idea to take a copy of the final agreement to check it out with a lawyer before signing.

But some mediation cases do not end in an agreement that everyone is willing to sign. In such a case, the mediator will close with a statement as to the progress that the parties have made thus far. Further, the mediator will present to the two parties possibilities of where to go in the next steps towards resolving their dispute. The mediator may recommend another form of alternative dispute resolution (ADR) called arbitration or perhaps going straight to trial court.

The structure built into the mediation process focuses all parties towards a solution, while the flexibility allows for more creative and cooperative discussion.

Mediation? A Way to Reduce Your Court Fees and Release Your Fears!

If you're having problems at home or in the workplace, it seems that for some, going straight to a law court is the obvious and easy solution. However, there are so many other options available to us nowadays that this notion is simply a waste of time and money. One such option that people can opt for is mediation.

Mediation is a process in which a neutral person the mediator helps the parties reach a settlement of their dispute by opening lines of communication, objectively evaluating the case, identifying parties’ real needs and finding a solution to address those needs.

The mediator does not have the authority to make a binding decision, unlike the arbitration process, in which the arbitrator renders a decision that is final and binding.

Mediation services are increasingly being used throughout all walks of life. Neighborly disputes take up valuable time in the courts as well as being hugely expensive to all involved. These disputes can stem from very small issues, but they end up escalating and becoming something much more than they are. It can be difficult to see solutions to problems when you are directly involved, which is where third party independent mediators come into play.

Disputes between neighbors can vary and will often range from loud noise complaints to abusive language. No matter how small the argument may seem, it doesn't mean that a mediator cannot be of use to you. In fact, it is better, in the long run, to seek help from a mediator early on in the argument, in order to save your relationship before it is too damaged.

These kinds of mediators can help you solve your disputes without the need for any kind of legal involvement. It isn't that they will attempt to find a winner and a loser within the argument, but that instead, they will help you talk to each other in a reasoned manner. The discussion is welcomed and encouraged, whereas blame and conflict are not.

Sometimes if an argument has been ongoing, then those involved tend to dig up things from the past. Holding onto grudges will not help anybody move forward, it will only hold those involved back. A mediator can help you and your neighbor to let go of these past problems and work towards a civil and healthy relationship.

We all know what it's like to be locked in a battle with someone. Often it can seem difficult to let go of the conflict as we don't know what our relationship would be like if we were not arguing. Hopefully, by the end of your session with a mediator, you will be able to redefine your relationship and work towards a better future.

If you're having problems with neighbors, then seeking mediation help might be a good idea. Mediation can also help with personal family relationships and relationships within the workplace.

Resolve Neighbor Conflict through Mediation Services

No matter how hard we try to get along with our neighbors, we may at some point find ourselves in disagreement with them. Quite often, such disagreements are due to a lack of understanding or them not realizing that they are doing something that is upsetting us. The most common causes of neighbor dispute are noise nuisance, pet issues, parking, boundary disputes or anti social behavior from children, other household members or visitors.

On approach, it is hopeful that such differences can be resolved quickly and amicably: your neighbor may be horrified to realize that they have been causing you some discontent. On the other hand, however, your neighbors may not wish to compromise on their behavior and remain adamant in their belief that they are not causing any problem.

If resolution cannot be agreed by both parties, there is a danger that what was once a minor disagreement can escalate into a long and expensive legal battle, and neither party being able to communicate with each other in the future. In extreme cases, one party may even have to give up their home and move away because they are no longer able to live alongside their neighbor.

Mediation, is in comparison, a very cost effective way towards reaching an amicable solution. Mediators are not there to judge, express any opinion or advice, but to listen to the views of both parties, and work with them to accept and agree on solutions to their issues. Mediation works well because the mediator will work with both parties, either separately or both together, to agree on certain steps and actions, which means that if adhered to, further legal action can be prevented. Mediation may also help to restore good neighbor communication and relations and slowly help build up the friendship that existed before the conflict.

Why Mediation is better than court proceedings:

Mediation is better than court proceedings, particularly when divorce/separation, custodial rights, child support, neighbor property disputes are concerned.

In the court proceedings, the parties can present their reasons but have no final hand in the agreement. The court decides and its decision becomes lawfully binding.

In meditation, a third party who is neutral to both parties negotiates an agreement. The mediator listens patiently to both sides of the argument and then reaches a decision which is mutually acceptable.

The mediator has no authority to make a judgment and impose it.

It is an established fact that mediation as a part of conflict resolution is a powerful tool to settle all disputes. A careful internet search will give you the names of many good mediation services.

Litigation versus Mediation in Boundary Disputes!

If you and your neighbor have boundary disputes, there are ways that you can resolve the issue without having to go to court.One of the best ways is to go through mediation.This is a voluntary process that is private and non-binding.The parties involved are encouraged to simply work together in a constructive way in order to resolve the problem. In this process, not only do you resolve the current problems,you also identify key issues and deal with them thus ensuring that in the future the same thing does not arise.The agreement and full participation of all parties is necessary in order to mediation to succeed.

Mediation is something that is promoted and offered by the judiciary.It is considered an alternative to going through the litigation process.Many times, litigation can be expensive, difficult and time consuming and even after the court has made its judgment relationships breakdown and there is plenty of disharmony.Mediators on the other hand tend to be independent and neutral.They are able to facilitate discussion and negotiation in a manner that is non-judgmental.Dispute resolution is achieved when both parties come to an agreement.The parties therefore are in control of the process of mediation as they participate fully in the agreement that will be drawn up for them to sign.

A Closer Look at Litigation Vs Mediation

• Time – Mediation can settle disputes in as little as one day while litigation can take months or even years to resolve the issue.

• Cost – With mediation the costs are controlled and provided up front.With litigation there is potential of uncontrolled costs that can go quite high.

•  Outcome – Mediation looks for a win-win situation.With litigation the outcome is based on what the judge says.

• Control – With mediation both parties remain in complete control of the process.With litigation the court has control.

•  Issues – Mediation will clarify and reduce the issues at hand while litigation can be a very stressful process.

• Solutions – There is flexibility as the parties work out what works for them during mediation.  Litigation on the other hand has constrained solutions because they cannot be created as you go.

Anyone who considers mediation should go into it knowing that the issue is not so much who wins and who loses.It is about looking into all available solutions through mutual respect, understanding and cooperation.Because the mediation process is not constrained in the same way as the litigation process is,innovative ideas to resolve issues can be employed.The idea is to come up with a solution that is win-win for the parties involved and a professional mediator is able to help you achieve that.

Boundary disputes can take a long time to go through the litigation process, the speed availed by mediation is for the benefit of the parties involved.It is also important to remember that the judiciary highly encourages and recommends mediation in order to settle disputes.Many times judges will even put a “stay” on court proceedings until after the parties have gone through mediation and tried to come up with an amicable solution.