WHY MEDIATION?
Mediation is a no-lose proposition. Mediation is completely voluntary. If anyone is
dissatisfied, they are free to leave. Communications made during mediation are
not admissible in court. If mediation fails, the parties are in no worse position than
before.
Mediation lowers the emotional tension between the parties. Acting as a conduit
for communications, a mediator can rephrase each party’s position in neutral
language. In addition, mediators work to identify weaknesses on both sides to
enhance objectivity.
Mediation is private. A mediator will not share confidential information without the
parties consent. This allows participants to open up and share what is really on
their mind.
Research indicates that 85% or more of cases that are mediated result in
settlement. A mediated settlement agreement can include terms that a court would
not have power to place in a judgment. A mediator can “make the pie bigger”
through creative inquiry. Parties usually have more to bring to the table than
previously assumed.
Mediation can be adapted to the needs of parties and their dispute. In pre-
mediation discussions, the format can be customized by the parties. In cases
involving complex concepts, technical experts can be used to assist in the process.
Once selected or appointed, the mediator can arrange an appropriate date and
location for the mediation and coordinate the exchange of information between the
parties and the mediator. In most cases, mediation begins with an initial joint
session with the parties where the mediator describes the mediation process. The
mediator will then meet with each party privately to listen and ask questions to
determine the issues, identify areas of agreement and understand the parties’
positions. The mediator will elicit offers and counteroffers using “shuttle
diplomacy” helping the parties work gradually toward compromise. In situations
where it is important for the parties to maintain an ongoing relationship, the
mediator can have the parties meet face-to-face so that they can understand the
reasons for the conflict and learn to deal with it constructively.
Mediators do not provide expert opinions or legal advice. A mediator has no
authority to make a decision for the parties. Once an agreement is reached, the
terms of the agreement should be written down. When the parties sign the written
agreement, it is then legally enforceable.
Mediation is a no-lose proposition. Mediation is completely voluntary. If anyone is
dissatisfied, they are free to leave. Communications made during mediation are
not admissible in court. If mediation fails, the parties are in no worse position than
before.
Mediation lowers the emotional tension between the parties. Acting as a conduit
for communications, a mediator can rephrase each party’s position in neutral
language. In addition, mediators work to identify weaknesses on both sides to
enhance objectivity.
Mediation is private. A mediator will not share confidential information without the
parties consent. This allows participants to open up and share what is really on
their mind.
Research indicates that 85% or more of cases that are mediated result in
settlement. A mediated settlement agreement can include terms that a court would
not have power to place in a judgment. A mediator can “make the pie bigger”
through creative inquiry. Parties usually have more to bring to the table than
previously assumed.
Mediation can be adapted to the needs of parties and their dispute. In pre-
mediation discussions, the format can be customized by the parties. In cases
involving complex concepts, technical experts can be used to assist in the process.
Once selected or appointed, the mediator can arrange an appropriate date and
location for the mediation and coordinate the exchange of information between the
parties and the mediator. In most cases, mediation begins with an initial joint
session with the parties where the mediator describes the mediation process. The
mediator will then meet with each party privately to listen and ask questions to
determine the issues, identify areas of agreement and understand the parties’
positions. The mediator will elicit offers and counteroffers using “shuttle
diplomacy” helping the parties work gradually toward compromise. In situations
where it is important for the parties to maintain an ongoing relationship, the
mediator can have the parties meet face-to-face so that they can understand the
reasons for the conflict and learn to deal with it constructively.
Mediators do not provide expert opinions or legal advice. A mediator has no
authority to make a decision for the parties. Once an agreement is reached, the
terms of the agreement should be written down. When the parties sign the written
agreement, it is then legally enforceable.
The Lawyers Consultant
(218) 281-4000
FAX (218) 281-8052
www.lawyersconsultant.com
(218) 281-4000
FAX (218) 281-8052
www.lawyersconsultant.com
| MN / ND Supreme Court Qualified ADR Neutral |
The Lawyers Consultant
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| "Winning Mediation: Practical Tips for Settling Cases" by Dwain Fagerlund, J.D. Published in the May 2007 issue of "The Gavel", Official Publication of the State Bar Association of North Dakota CLICK BELOW |
