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Mediation |
What is Mediation? Although mediation and arbitration are often mentioned in the same breath as alternatives to litigation, these two methods of dispute resolution are quite different. An arbitrator is a hired judge. He (or she) does the same thing as a judge; that is, he renders a decision that binds the parties. Arbitration usually takes less time than a court trial, but not always, and in some cases, especially where there is a panel of arbitrators, it may be just as expensive as going to court. Arbitration is mandatory, just like court. If one party submits a dispute to binding arbitration, the other party has to go. A mediator, on the other hand, is not a judge. He (or she) does not render a decision. He facilitates, helps, encourages, begs, bullies and wheedles the parties into making their own decision. Mediation is quick. Mediation is cheap. Mediation is not mandatory. The parties do not have to show up. But if they do decide to show up, good things can happen. For some reason not adequately explained by science, the presence of a neutral party often makes it possible for parties, who otherwise could not communicate with each other in a civil manner, to make contact, explore alternatives, analyze their respective positions, and come to some sort of agreement. This happens quite often. It often makes a better settlement than a litigated settlement, and it sure costs a lot less. Not anyone can be a good mediator, or course. A good mediator is usually a good listener. A good mediator usually has a broad range of experience in many areas of human endeavor. A good mediator usually has a few years on him (or her). A good mediator likes to mediate. But he likes to get to the point, too. He likes to get the matter resolved. My goal as a mediator is to get the matter resolved efficiently and economically. I know that the process needs some time to work, but when the catalyst is mixed in and the proper temperature is reached, it is time for the reaction to take place. I like to act as a mediator. The process can be very satisfying. I have a knack for it. I have the experience. I have the years. So keep me in mind if you have a dispute that may be amenable to mediation. I believe I can do a good job, and I can save you time and money. |