Advantages of Mediation
Many parties prefer mediation as a dispute resolution process because it is:
· INFORMAL. The process is informal and flexible; attorneys are not necessary. There are no formal rules of evidence and no witnesses.
· CONFIDENTIAL. Mediation is a confidential process. The mediators will not disclose any information revealed during the mediation. The sessions are not tape-recorded or transcribed. At the conclusion of the mediation, mediators destroy any notes they took during the mediation session.
· QUICK AND INEXPENSIVE. When parties want to get on with their business and their lives, mediation may be desirable as a means of producing rapid results. The majority of single issue two-party mediations are completed in one or two sessions.
Moreover, mediation generally produces or promotes:
· GREATER DEGREE OF PARTY CONTROL. Parties who negotiate their own settlements have more control over the outcome of their dispute. Parties have an equal say in the process. There is no determination of fault, but rather, the parties reach a mutually agreeable resolution to their conflict.
· PRESERVATION OF RELATIONSHIPS. Many disputes occur in the context of ongoing work relationships. Mediated settlements that address all parties’ interests often preserve working relationships in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a work relationship more amicable.
· MUTUALLY SATISFACTORY RESULTS. Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.
· COMPREHENSIVE AND CUSTOMIZED AGREEMENTS. Mediated agreements often help resolve procedural and interpersonal issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation and attend to the fine details of implementation.
· A FOUNDATION FOR FUTURE PROBLEM-SOLVING. After a mediation resolution, if a subsequent dispute occurs, parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
Answers to Frequently Asked Questions
Question: Does mediation work?
Answer: While each case is unique, general statistics from a wide range of forums indicate that mediation resolves over 70% of disputes.
Question: Can the parties be required to participate in mediation?
Answer: Only if a contractual agreement has been established to do so, otherwise, participation is strictly voluntary.
Question: What happens if one party declines an invitation to mediate?
Answer: The issue would progress, possibly including litigation.
Question: Who mediates your complaints?
Answer: Mediators who are experienced and trained in mediation.. CKA Associates maintains a roster of trained mediators located across the nation. All provided mediators are neutral unbiased professionals with no stake in the outcome of the mediation process.
Question: Who attends the mediation session?
Answer: The respective parties and their corporate or legal representatives attend the mediation. While it is not necessary to have an attorney or other representative attend the session, either party may choose to do so. It is essential, however, that the individuals attending the mediation session have the full authority necessary to resolve the dispute.
Question: How long does the mediation process take?
Answer: The length of the mediation session depends upon the complexity of the case and willingness of the parties to resolve the dispute. Most single-issue two-party mediations are completed in 2 to 4 hours. More complex cases may require multiple mediation sessions and considerable research. International intergovernmental and social issues often require many mediation sessions and scheduling spanning one or more years or longer .
Question: What happens if the mediation does not result in resolution?
Answer: The parties risk nothing by participating in mediation. If resolution is not achieved, the complaint can proceed as it would have been had the parties not tried mediation.
Question: Are all issues in dispute eligible for mediation?
Answer: Some issues in dispute are best handled by the Courts such as cases involving interpretations of law and application of legal precedents..
