Mediation - is five parts communication, three parts negotiation and two parts decision making.
Mediation is "better."
Appointments are scheduled in a matter of weeks instead of months
Mediation produces outcomes that consider the interests of all parties involved
Mediation fosters open communication
Mediation is about working something out that everyone not only can live with but that is structured to maximize returns for everyone involved (win/win)
Mediation is future focused
Mediation is confidential
Mediation can involve attorneys or not depending upon the complexity of the case
Sitting down and trying the process of mediation is voluntary
Telephone and shuttle mediation are also options in some situations
The Mediator:
The role of the mediator is to assist parties in identifying issues, reducing obstacles to communication, and helping parties negotiate their own settlement.
The facilitative approach used by Better Agreements' mediators helps parties mutually participate in the negotiation process and come up with their own resolution.
The Mediation Process:
The mediator or intake specialist first assists parties in understanding the mediation process and assessing the case to make sure that there are issues that are appropriate for mediation. If the case is appropriate and all of the parties choose mediation, then the mediator meets with the parties.
Typically parties work together in the same room with the mediator. Sometimes the parties will meet separately with the mediator or the mediator may go back and forth between the parties. If the mediator and the parties agree, mediation may be conducted by phone.
If agreements are reached in mediation on some or all of the issues, the parties can have the mediator draft a memorandum of agreement.
Parties have the right, and are encouraged, to have any drafted agreement reviewed by an attorney before signing an agreement. A signed agreement is a legal contract and can affect a party’s legal rights.
