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what is mediation?

Mediation aims to aid two (or more) people involved in a dispute to reach an agreement. The disputants determine -- rather than accepting an decision from a third party -- the contents of the agreement, if an agreement is reached.

who are the mediators?

Mediators are volunteers who are trained to open and improve communication between disputants. The purpose of a mediator's presence is to help the parties develop a shared understanding of the conflict and work toward an agreement on the disputed matter.

A mediator is impartial during the mediation session. The mediator will not decide who is right or wrong and will not force either party to accept any particular settlement terms with which he/she is uncomfortable. The Center's mediators are skilled in helping others work through conflict and exploring potential solutions.

what is the mediation process?

Upon calling the mediation center, a worker will ask for basic background information and answer any questions about mediation. The center then contacts the other party to see if he/she would like to try mediation. If both parties agree, a mediation session will be scheduled quickly.

During the mediation session, each party describes the dispute from his/her point of view and provides a possible method for resolution. The mediator helps the parties focus on the real issues that are causing the problem and then helps the parties find a workable solution which resolves the problem. When the parties agree to a solution, the agreement is put into writing.

what are the potential benefits ?

  • It's effective. Approximately 80 percent of all mediations end in agreement. Mediation is a "win/win" rather than a "win/lose" solution. In court, someone wins, someone loses. The goal of mediation is to have all parties arrive at a mutually satisfactory agreement.

 

  • The decision making process belongs to you. You decide how best to resolve your dispute; unlike court, no one judges your problem and tells you what to do. You get to reach an agreement that you can live with.

 

  • It avoids going to court. Mediation is not combative or adversarial like court; it helps protect and enhance relationships between people by providing a comfortable and safe setting for discussion.

 

  • It's private. Everything said or used for purposes of reaching a settlement remains confidential and cannot be used in a lawsuit.

 

  • It's affordable. The service is provided at low or no cost.

 

  • It's quick. When parties agree to try mediation, most disputes can be resolved within two weeks. A typical mediation session lasts less than two hours.

 

  • It's convenient. Mediation is scheduled at a time convenient for both parties and a mediator may be available on evenings or weekends.

 

  • Mediation can help reduce the likelihood that the problem will occur again. In fact, you can agree that if a problem occurs again, everyone will go back to mediation.

what are the potential risks?

The time invested in mediation is usually beneficial; however, there is a chance that the mediation session will not end with an agreement. Although the agreements are legally binding, there is no guarantee that each party will abide by the agreement.