Mediation is a form of Alternative Dispute Resolution that allows all parties to negotiate a solution to their dispute in a controlled environment in the presence of an impartial third party. Many people turn to mediation to resolve their disputes instead of litigation because of the many financial and practical benefits, as well as its high success rate - over 85% of mediations result in a settlement (according to the American Arbitration Association).
Mediation is often a more cost-effective solution than litigation, saving the parties both time and money. Mediation also offers more control to the parties involved, allowing them to reach their own resolution with the mediator acting as a facilitator to the discussion, helping the parties overcome obstacles to settlement. The settlement itself is voluntary, and cannot be ordered by the mediator, encouraging parties to make beneficial decisions and compromises.
During mediation, a mediator serves to guide the discussion by helping the parties focus on the issues at hand and any potential common ground for settlement. A mediator helps reduce damaging and non-productive actions during negotiation, such as hard bargaining, insults, and posturing. At times, the mediator can also review settlement proposals, identifying unfeasible solutions and assisting parties in considering alternatives that might have been overlooked.
Carla Pennington is a trained mediator and arbitrator who is committed to approaching every dispute with equity and understanding. If you believe you could benefit from mediation and would like to take the next step in resolving your dispute, you can contact Carla here.
The acting mediator’s or arbitrator's role is as a neutral intermediary and thus your mediator/arbitrator is not acting and cannot act as an advocate for either or any parties involved in this dispute. Prior to, during or after any mediation/arbitration process the parties acknowledge being thoroughly advised by the mediator/arbitrator to obtain legal advice and review of any agreement before signing it. --- Copyright © 2017 Arbitration and Mediation Services