Index
Types of Disputes
Why Should I Mediate
What is a Mediator
How is Mediation Used

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

• disputes between divorcing parties including custody, child and property;
• employment disputes including wrongful termination and harassment;
• contract disputes (covenants not to compete, service contracts & ownership disputes).
  

WHY SHOULD I MEDIATE?

1. Mediation can be used in many areas for settlement issues related to employment, contracts, and divorce;
2. Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;
3. Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;
4. A complete mediation process in most cases costs less than a single day in court;
5. Mediation is efficient. Agreements are usually reached much faster than in the court process. The participants may meet for 2 to 5 sessions;
6. Mediation is responsive to urgent needs such as support and custody arrangements. Temporary settlements can be made while the parties develop final agreements;
7. Mediation is confidential and prevents public exposure of private matters;
8. Mediation is voluntary. The parties are not forced to participate or submit to any unacceptable resolution.
9. Mediation is effective because settlements based on mutual satisfaction and voluntary agreement will, more likely, be honored by the parties;
10. Mediation is especially useful to parents facing separation or divorce, who need to maintain a positive working relationship.
    

* Mediation is an aid for resolving disputes, but does not replace the current formal systems.

HOW IS MEDIATION USED?

Mediation in Divorce.

Divorce proceedings are imperfect at best and devastating at their worst. You never suspect when you marry that the person you love may one day seem like a complete stranger.

In a legal battle, parties submit affidavits - sworn statements - to the court to support reasons why that individual should have custody, spousal maintenance, visitation or certain items or property. Those statements may demean the other party and set the stage for an antagonistic relationship between the parties into the future. This can be extremely damaging, particularly where children are involved.

More and more, parties are turning to mediation to resolve their disputes. Through mediation parties are able to address the real issues and craft creative solutions that a court might be unlikely to order. The greatest advantage of mediation, however, is teaching the parties to COMMUNICATE.

This very often will allow them to avoid return trips to court in the future and minimize the impact of the process on children. Even if mediation fails, the communications of the parties in the mediation process are confidential and cannot be used in the divorce proceeding.

Institutional Mediation.

Institutional Mediation is heralded as an effective way to resolve disputes within the work environment of large corporations, schools or hospitals. It is often used to reconcile differences between recognized subdivisions within an institution. Mediators are able to use the same techniques that are implemented in one-on-one and small group mediations.

As with the larger issues, staff mediators help defuse tension, focus on solutions that last, aid in avoiding the legal system, and bring parties towards acceptance of issues they have failed to appreciate. Sometimes the problem is pretty obvious, as when the institution gets a letter from a lawyer or a labor strike begins. At the same time, the problem may not be so obvious.

Student Mediation.

In the age in which we live, even young children are exposed to lawsuits because of their behavior at school, on the school bus, or in the neighborhood. There is a new sensitivity and much behavior that would have been accepted as a childish mistake is now subject to litigation. Mediating these disputes teaches the students to communicate regarding their grievances, providing a valuable lesson in dealing with other people now and in the future. It also allows the school to redress problems before the become the subject of a lawsuit.