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Most conflicts can be resolved if the people involved are willing to work in good faith. As a mediator, I actively encourage and assist parties in finding workable resolutions that are legally appropriate, economically feasible, and personally acceptable, thus avoiding costly and emotionally draining litigation.
WHY MEDIATION? / ADVANTAGES OF MEDIATION
Mediation generally produces or promotes:
- Less Costly Decisions. Mediation is generally less expensive when contrasted to litigation.
- Quick Settlements.
Court cases can take a year or more and on appeal multiple years. Mediation on the other hand can resolve disputes in a more timely way.
- Results that are Mutually Satisfactory
Parties are generally more satisfied when solutions are mutually agreed upon, as opposed to solutions that are imposed by a third party/ court.
- High Rate of Compliance
Parties who have reached their own agreement in mediation are more likely to comply with its terms than if the resolution has been imposed by a court or arbitrator.
- Comprehensive and Customized Agreements
Mediated settlements address both legal and non-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily covered in litigation. The parties can tailor their settlement to their particular situation.
- Better Control, More Predictable Outcome
Parties who negotiate their own settlements can better control the result. Gains and losses are more predictable in a mediated settlement than they would be in a court case or arbitration.
- Maintaining a Relationship or Terminating it More Amicably
As relationships often need to continue for years, a mediated settlement that addresses all parties’ interests can often preserve a working relationship better than would be possible in a win or lose outcome. Mediation can also make the termination of a relationship more amicable.
- Workable Decisions
Negotiated or mediated agreements often have specially tailored provisions as to how the decisions will be carried out. As a result the parties will more likely comply with the terms of the settlement.
- Satisfying Agreements as Opposed to Compromise or Win/Lose
Mediated settlements can be more satisfactory to all parties than simple compromise decisions.
- Decisions that Last
Mediated settlements tend to last, and if a subsequent dispute arises, the parties are more likely to use a forum with co-operation and problem-solving than to resolve their differences in an adversarial manner.