Mediation is a method in which the parties address their disputes with the help of a trained, unbiased third-party person(s) who helps them reach an agreement. It is a type of alternative dispute resolution process (ADR) that is supervised by a neutral mediator who has no prior dealings or relationships with the parties.
Mediation cases include disputes in commercial transactions, construction, workers' compensation, labor or community relations, divorce, and family law matters, domestic relations, employment or any other matter that does not involve complex procedural or evidence-based issues. If parties are willing to negotiate freely ‘in good faith' to resolve any dispute, a mediator can help them.
The mediator has a very major role to play, namely to support the parties to understand the principles surrounding the mediation process and the solid way to handle the discussions that can lead to the best feasible and mutually convenient solutions.
It can be expensive to pursue a lawsuit and involves complex procedures to follow. A mediator can help certain parties avoid costly litigation. A Mediator's job is to facilitate grounds for negotiation and pave the way for a legal conflict to be resolved in a way that benefits all sides. When handling conflict, a Mediator is expected to be unbiased and entirely neutral. He or she will respond to all sides and try to find a way to arrive at a fair deal. The main tool available to a mediator is dialogue; hence, the significance of interpersonal and negotiating skills can be considered to be contributing factors for a successful mediation.
The mediator is an individual who has patience, constancy, and good sense. She/he possesses an arsenal of bargaining techniques, skills in human dynamics, and powers to listen, articulate and restate efficiently. The exact mediation method varies from mediator to mediator but is always concerned with finding the middle ground which will serve both parties and settle a conflict. This can be especially important when arriving to an agreement, a mediator can help facilitate the process and can help draft the agreement so that the parties do not have the additional expense of hiring someone else to do this.
You can hire a mediator to start mediation at any stage. Preferably mediation should be used early in the informal phase, or even before a conflict has reached the procedural stage. The duration of the mediation varies depending on the difficulty of the relevant dispute. If the dispute is simple and clear then mediation is usually not going to last very long – usually a few hours or a day. The length of the mediation will also depend upon the attitudes of the involved parties.
When one side is unwilling to negotiate, mediation would possibly last longer. If the parties fail to reach an agreement they have two main options. First, the parties may attempt to mediate further. Next, the parties can proceed in court to settle their dispute. Often, the mediator will give candid advice on whether the parties should continue to use mediation to resolve their dispute, or whether they should pursue other options.
Mediation can be used to resolve different types of matter and disputes which include:
Divorce mediation is between the couple deciding on their divorce and helps them to make important decisions for themselves and their children. Couples may hire a mediator to discuss and resolve divorce issues. The mediator serves as a facilitator to help them figure out what's best.
The problems covered in divorce mediation include, but not limited to:
Settling a divorce dispute through mediation is of the utmost importance if you have children and you have to interact with your ex-spouse after a divorce. Mediation leads to communication between the couple, which can then be used to discuss children's issues. Lack of communication may have been a major cause of their divorce.
If you can resolve all your divorce problems through mediation, the mediator will help you prepare a property settlement agreement, also known as a Marital Settlement Agreement or Divorce Settlement Agreement, which will contain all of the terms you have agreed upon. Your settlement agreement will be reviewed by the court, and if approved it will become part of the divorce judgment.
Real Estate Mediation
In real estate matters, mediation remains an effective tool in getting your conflict resolved. Common sources of property lease disputes are those issues that are often challenged real estate transactions, and the landlord or tenant's differing interpretations of lease provisions. Problems may arise in other areas, including eviction rights and procedures, the identification of premises, the establishment of rent commencement and expiry dates.
Some real estate transactions close relative smoothly with escrow. But if you work long enough in the real estate industry, you'll encounter a buyer/seller dispute someday soon. Common disputes include claims for non-disclosure and misrepresentation in respect of the condition of the property. Other common disputes include specific performance claims or general contravention of contract claims.
Litigating disputes over real estate matters can be costly and time-consuming. It can take from several months to two years to resolve claims through the courts and can be costly.
An experienced mediation attorney can help make disputes less stressful for everyone involved. Especially in challenging times such as the dissolution of a marriage, mediation can help parties to have productive meetings, and reach decisions about child support, custody agreements, without the expense and hostility that accompany litigation.
Mediation is also very helpful when it comes to resolving business, civil agreements, real estate, and trade disputes. This alternative dispute resolution procedure enables an impartial third party to act as a mediator to keep all parties focused on solutions and in a position to communicate clearly.