What is mediation?
"Mediation means a process in
which a mediator facilitates communication and negotiation between parties to
assist them in reaching a voluntary agreement regarding their dispute."1
A mediator facilitates
communications, promotes understanding, focuses the parties on their interests
and seeks creative problem solving to enable the parties to reach their
agreement.2
1 Uniform Mediation Act, National Conference of Commissioners
on Uniform State Law, 2003, Approved by the American Bar Association,
Philadelphia, Pennsylvania, Feb 4, 2004
2 Model Standard of Conduct for Mediators, Joint Committee
Draft, September 2004
Mediation is...
Mediation is a dispute management and resolution process involving these
elements:
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Empowerment of the parties
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Principled negotiation Impartial, non-decisional and neutral
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Enhanced communication
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Collaborative problem solving
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Voluntary informed settlement
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Preservation of valued relationships
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Mediation
is not...
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Is
the time right to mediate your case?
Is now the right time to mediate your case? Ask yourself these questions:
- Do the parties want to resolve the conflict?
- Do the parties worry about uncertain outcomes at trial?
- Do you want to minimize additional costs?
If you answered "Yes" to any of these questions, then the
time is right for mediation!
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