Aside from low cost and high success rate, mediation provides four important aspects.
Privacy. The process of mediation is confidential as it relates to all participants, including attorneys and the mediator. Everything discussed in the mediation is confidential. Any documents that are exchanged in the mediation are confidential. Any legal or other suppositions advanced in the mediation are confidential. Mediation is not a matter of public record.
Control. No judge will decide the parties’ outcome. There is no legal precedent or jury to scrutinize right and wrong. The parties have the unique opportunity to “tell your side of the story”, without lawyers objecting that what you’re saying is inadmissible for some reason. The parties have the experience of creating your own resolution in your own words to resolve their disagreement.
Relationships. Most relationships are important to maintain intact. Business partnerships, family, friendships and social relationships of long standing are often soothed and become closer as a result of mediation.
Responsibility. The mediation process encourages the parties to assume personal responsibility for their respective roles in the disagreement. It’s not blaming the other side but rather accepting ownership for the things contributed or done to create the disagreement. Remember, its takes two to tangle.
Speed. Resolution for most disagreements is usually achievable within a day or two and no longer than 30 days. More complex disputes and conflicts may require more time and communication to explore the interests and positions involved.
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