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The best way for any dispute to be resolved is through direct communication and negotiation between the people involved. However, people are sometimes unable to settle their dispute by themselves, for various reasons. These reasons include basic fear of confrontation; personality conflicts; differences in communication styles; and inability to see past their respective positions as the only way to solve the problem. A mediator meets jointly and individually with the parties to help them reach a settlement. The mediator does not advise the parties nor decide who is wrong or right. The mediator provides an objective point of view, helps defuse emotions, and guides the parties to look objectively at options for settling the dispute. The mediator helps the parties develop a written settlement agreement for those issues upon which the parties have reached agreement.. The settlement agreement can be a legally enforceable document. The parties may submit unsettled issues to adjudication. Discussions in mediation are confidential and cannot be entered into evidence in adjudication. As an alternative, the parties may ask the mediator to decide unsettled issues. The parties may choose to accept the mediator’s decision, negotiate a different solution, or submit the unsettled issues to adjudication. The mediator’s decisions are admissible as evidence in adjudication. While attorneys are not required in mediation, they are often helpful in assessing the legal consequences of solutions considered by the parties. Attorneys can also help the parties assess alternatives if negotiated settlement is not reached. . |
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How Mediation Works |
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© 2007 JLMcDonald Conflict Resolution Services. All rights reserved. |
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Conflict Resolution Services |
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JLMcDonald |