As a Mediator, it is imperative to maintain neutrality throughout the process in order to effectively facilitate a collaborative dispute resolution (i.o. help people come up with a solution to conflict).
Mediation has been defined as "a cooperative dispute resolution process in which an impartial third person facilitates communication between the parties to help them reach a mutually accceptable resolution that is better than their alternatives"
Mediation is an alternative form of dispute resolution. It is alternative to:
- Direct negotional between two parties alone
- Settlement conferences with attorneys
- Special Masters
- Private Adjudication
- Doing nothing.
- Decision making is done by the parties (not the mediator)
- Focus is on the parties needs and interests (not necessarily the law)
- Emphasized mutual problem solving
- Tends to be more efficient and less costly than litigation
- Parties work towards a mutual gain rather than a win/lose (as in litigation)
When is Mediaton appropriate:
- When there are multiple issues
- When the parties want to control the outcome (not a court or arbitrator)
- When the conflict involves communication problems
- When the parties have or had a relationship
- When the parties want to save time, money and stress (avoid litigation)
- When resolution is possible without necessarily assigning "fault" or "liability"
- When personal/emotional issues exist
- When the parties perceive the facts differently
- When there are creativve possibilities for resolution
When may Mediation not be appropriate:
- When one or more parties want a definite ruling on the issues in a conflict - vindication.
- When one or more parties will only be satisfied if the other parties suffer - revenge.
- When the parties have "nothing to lose" by going forward to litigation or some other process - or "little to gain" by going to mediation.
- When one or more parties is not participating in the process in good faith
- When distrust is so hight that the parties have no faith in the viability of a potential agreement.
- When a significant power imbalance exists and connot be addressed constructively
- When a party is unable to effectively participate in the process due to physical, mental or emotional incapacity.
Here are just a few types of matters that mediation can help resolve conflicts:
- Divorce (property, custody, visitation, support, etc.)
- Trust administration conflicts
- Community issues (neighbor disputes, etc.)
- Business transactions
- Business/Partnership dissolutions
- Real Estate transactions
- Administrative agency conflicts
To find out more visit http://www.eastcountymediation.com/ or call the Law Office of Amy L. Alvis at 925-478-6435