Mediation |
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| Mediation is the holistic aproach towards dispute resolution. The civilized process empowers all parties to solve thier own issues with the help of a facilitator, the mediator. Mediation takes place OUTSIDE the court room, while juried by the judical process. |
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The mediator is a trained facilitator, a neutral parties to the issues regarding the dispute. The mediator listens to and hears the concerns from all parties involved. Often restates statements in order to maintain clarity, and helps the parties achieve a satisfactory resolution of their dispute. Mediators provide a confidential forum, encourage discussion, and are not limited by rules of evidence and procedure governing court and arbitration proceedings. No decisions are imposed by mediators. Instead, mediators help people make their own decisions towards the solutions that works best for them. | |
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What are the differences between litigation, arbitration and mediation? |
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What are the advantages of mediations? |
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| Mediation saves time, money; most importantly minimizes hostilities that maximizing good-will and cooperation between parties. Often disputes occure between thoses that must continue to live or work together. |
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The mediation process provides a positive environment, a pro-active problem solving approach, and a confidential forum for discussions. Allowing people to continue to live and work together with thier mutural resolve. |
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Essentially, mediation is a process of both sides meeting in a nutural enviorment with a mediator for the purpose to discuss their conflict with the goal of a mutual resolution to the conflict. The mediator acts as a neutral facilitator during the process. This involves listening to all parties, keeping the course of discussion on track, asking questions that facilitate positive movement, at last submit a mediation summary that outlines the nature and resolve of the dispute. | |
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| Parties Statements & Witnesses: Mediation are structured but a less formal process, and all parties are encouraged to speak openly regarding the issues. The process begins with each party given the opportunity to make an opening statement following by the Mediator directing questions for clarity. Participants may invite witnesses, experts, legal counsel and other pertinent parties or individuals only when felt necessary for facts or evidence. Participants should notify the Mediator of any untruth of facts or evidance. The successful resolve can only be obtained in honesty between the principle parties. |
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Finding An Agreement: The Parties are empowered to make thier own decision in the case and agree to the resolution. The Mediator will attempt to point out common ground and help the parties create options for resolution. However, it will be up to the participants to select what solutions will work best for resolving the conflict. For this reason, the mediation should include principals representing each party that are empowered with sufficient decision making authority to resolve the dispute. If the parties reach a consensus for resolving the dispute, the Mediator will assist the parties in writing out their agreement. A written agreement signed by the parties at the conclusion of the mediation may prevent future conflict and confusion. | |
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Sliding Scale, Starting at $55.00 per hour + plus all fees* |
