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What is Mediation?
Mediation is a voluntary and confidential process of amicably resolving disputes. In the mediation process, the disputing parties meet with an unbiased, professionally trained mediator who helps the parties openly communicate and better understand each other and their position with regard to the dispute, and if each party actively participates, guides the parties through a structured negotiation process.
In most situations, the parties meet face-to-face with the mediator so they can define the important issues and understand each other's positions and wishes so they can mutually develop a satisfactory solution. Mediators do not dictate the settlement agreement, but do encourage collaboration between the parties so that creative solutions can be explored and lasting, mutually agreeable solutions can be found. With a mediated agreement, both disputing parties structure the settlement together as compared to when a judge or court issues a decision. When the decision is made in a court of law, the dispute is resolved by a third party, without the input of either of the disputing parties. Historically, disputes submitted to professional mediation services have a very high settlement rate.
By law, all discussions conducted during mediation must be kept private and confidential. At no time can the mediator or anyone present during the mediation process discuss what was said or what transpired during the mediation. In contrast, when the issue is resolved in a court of law, the proceedings and all documents become public record for all to see. In addition, trials are stressful and take a toll mentally, emotionally, physically, and in most cases, financially. Mediation takes place out of court in a less adversarial environment.
Mediation does more than just resolve the disputes. It educates all parties so they can take what they have learned through the process and use it to deal with conflict in their daily lives. However the damaged relationship between the two parties may linger on for a long period of time.
Situations that can benefit from mediation include:
Business
Internal employee disputes
Inter-departmental disputes
Merging operations and acquiring workloads/responsibility
Business-to-Business
Employment
Workplace disputes between employees
Workplace disputes between management and employees
Student/Faculty/Staff disputes
Family
Disputes within a family
Divorce and custody agreements
Agreements to strengthen and save a marriage
Resolution of disputes between joint property owners
Parental and sibling roles/practices due to broken family situations
Parental and sibling roles/practices in merging households
Real Estate
Disputes between Homeowner Associations and homeowners
Escrow Disputes
Tenant Landlord Disputes
Contract Disputes
If you have any questions about the mediation process or would like to speak to one of our mediators, contact us by completing our on-line “Information Request Form”, emailing us at info@elitemediation.com, or by calling us at (850) 572-9353.