Mediation
What - Why - When
The three upside M's of Mediation
What is Mediation
Mediation is a structured, interactive process where a neutral third party, the mediator, helps disputing parties resolve conflicts through communication and negotiation techniques, aiming for a mutually acceptable agreement.
Mediation is a voluntary process between at least two parties, even if it is court ordered.
The mediator facilitates the process, encouraging open communication and active listening, but does not make decisions or impose solutions.
Mediation is confidential and what is said in mediation stays in mediation and cannot be used in a court of law with two exceptions.
If, in mediation there are threats of violence to others or themselves, abuse of another person this will be reported to the appropriate authorities.
Once an agreement has been signed by all parties who participated the agreement can be shared.
Why Should We Mediate
Two neighbors are having a disagreement both feel they are right and both have valid points but neither party feels the other solution is fair. Feelings escalate and neither party can see a reasonable resolution. In comes a third party listens to both sides, they ask both parties some questions which in turn makes everyone feel as though they have been heard. As the conversation is being steered it opens up opportunities for the parties involved to seek a resolution that is workable for all.
Courts throughout Los Angeles and nationwide have a backlog of court cases and therefore they are mandating mediation before court in hopes there will be an agreement and court will not be necessary.
In court the outcome is made for you by a Judge/Commissioner who does not know you or any other circumstances. The outcome often is one sided and often leaves hurt, grudges and unresolved differences.
Mediation offers several benefits over litigation, including being cost-effective, time-efficient, fostering open communication, and allowing for creative resolutions, all while preserving relationships and offering parties greater control over the outcome
With mediation the aim is to have both parties listen and communicate with each other so that THEY come up with an agreement with the mediator steering the conversation towards this goal. When this happens and both parties feel a part of the process hurt and grudges often can be put aside and a solution that was obscured by these feelings are found.
Mediation costs a fraction of most law cases and are shorter to come to a resolution. Most mediations are no longer than 6 hours, however more complex cases can be longer. They are offered in-person and virtually, the Mediator is there to listen and guide the conversation to assist both parties to come to an agreement that satisfies both parties. Mediation can be scheduled at anytime that all parties agree upon, therefore often the parties do not have to miss any work.
When To Mediate
When parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party. The mediation can help by clarifying productive steps for problem solving and by providing a neutral, non-threatening environment for discussion.
While mediation can take place at anytime or day that all parties are available it is highly recommended that it starts at the beginning of the day when everyone is fresh. Many people find morning to be the best time to start their mediation because it's typically the part of the day with the least distractions.
