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I know it is sometimes difficult to think of what to say on your new Mediate.com Dynamic Website. Please feel free to borrow any of the copy you see on this page for your website. There are some fun mediation trivia facts, some mediation definitions and a couple open source mediation articles.
I have also collected some images you are welcome to in the Mediation Image Library.
Mediation Facts
- When both parties are seeking resolution to their conflict, the process is most effective.
- The solution is delineated by and for the parties who will live by the agreement.
- Most mediations require only a few sessions and are not prolonged by the courts.
- Family members resolve most disputes in mediation that involve matters regarding separation, divorce, child support and other family relationship issues.
- Mediation can be scheduled at your convenience.
- The fees are determined by the length required to reach an agreement.
- Professionals may attend the mediation sessions if they are needed for support, or assist with a resolution.
- The parties negotiate and sign a Memorandum of Agreement without coercion, and thereby, almost always abide by the contract.
- An attorney can provide information to help make a fully informed decision, and therefore, can be useful in the mediation process, especially before signing the Memorandum of Agreement.
What is Mediation?
by James Melamed, CEO of Mediate.com
Mediation may be thought of as "assisted negotiation."
Negotiation may be thought of as "communications for agreement."
Hence, mediation is "assisted communications for agreement."
Central to mediation is the concept of "informed consent." So long as participants understand the nature of a contemplated mediation process and effectively consent to participate in the described process, virtually any mediation process is possible and appropriate.
Key Qualities of the Mediation Process
Voluntary - You can leave at any time for any reason, or no reason.
Collaborative - You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your best agreement.
Controlled - You have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
Confidential - Mediation is confidential, to the extent you desire and agree, be that by statute, contract, rules of evidence or privilege. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe any exceptions to this general confidentiality of mediation. Confidentiality in mediation may be waived in writing, although the mediator may retain his or her own ability to refuse to testify in any contested case. The extent of confidentiality for any "caucus meetings" (meetings between the mediator and individual parties) should also be defined.
Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Mutually acceptable experts can be retained. Such jointly obtained expert information can be designated as either confidential to the mediation or, as the parties desire, as admissible in any subsequent contested proceeding. Expert advice is never determinative in mediation. The parties always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to advise them to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sought is, ultimately, a decision of each mediation participant.
Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on substantive issues in discussion. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Self-Responsible and Satisfying - Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation.
An Overview of Mediation - key points
- The mediator does not impose a decision, nor make any kind of judgment - unlike court or arbitration, the mediator helps the parties to find their own, acceptable, solution.
- The outcome of mediation is always within the control of the parties - with the help of the mediator they decide for themselves upon a settlement they can live with.
- Mediation is a guided negotiation, helping the parties to communicate with each other, exploring the issues which are of real importance to them, which often differ from their 'rights'. The parties are encouraged to find ways to address their present and future needs, rather than dwelling upon who may have been right or wrong in the past.
- Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration where they have little choice but to accept the judgment made, which none of them may be happy with.
- Mediation resolves disputes fast, usually within a day.
- Mediation is significantly less expensive than litigation - because months or years of litigation are avoided, as are the consequent fees of lawyers and experts. Parties may of course have legal or other advisors present during the mediation if they wish.
- Within the mediation itself the Mediator will keep confidential any information given by one party unless express permission is granted for some or all of that information to be disclosed to another party.
- Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) - unlike the potential publicity of court proceedings.
- The mediation process is 'without prejudice', so that on the rare occasion that a settlement is not reached litigation may continue without the parties needing to worry about having 'given away' anything that the other could use in court.
- Mediation works in some 90% of commercial disputes - a settlement is usually reached on the day, or within a few days of the mediation meeting.
- Mediation is voluntary; any party may withdraw at any time.
- Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.
- The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone's point of view, talks to the parties privately and together, guiding them towards a settlement.
- The Mediation can take place at any time - it is not limited to ordinary working days or hours. If it suits the parties to negotiate over a weekend, then that's when it happens.
