Mediation Services
First of All. What is Mediation?
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Gabrielle Tetreault / Certified Mediator
Certified in Dispute Resolution Mediation - Pepperdine University - Strauss Institute in 2009
It is my goal to facilitate communication between litigants to resolve litigation disputes. Parties increasingly find that they are spending more time, effort and money to litigate a dispute than the litigation itself is worth. It is not uncommon for the attorney's fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute. Mediation facilitates communication between the litigants and can avoid the high cost and long delays associated with civil litigation.
CIVIL MEDIATION PROGRAM
We are in the midst of a litigation crisis. The high cost and long delays associated with the trial of civil matters often make litigation an impractical method of resolving disputes. It is not uncommon for the attorney's fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute. Parties increasingly find that they are spending more to litigate than the cost to settle the matter. The increasing number of lawsuits filed each year is indicative of the unwillingness or inability of parties and their attorneys to effectively utilize negotiation to resolve disputes. Because the current legal environment discourages the early settlement of disputes, society is demanding a new approach for resolving disputes more efficiently. That new approach is mediation.
WHAT IS MEDIATION?
Mediation may be thought of as "assisted negotiation."
Central to mediation is the concept of "informed consent." So long as participants understand the nature of a contemplated mediation process and effectively consent to participate in the described process, virtually any mediation process is possible and appropriate.
Key Qualities of the Mediation Process
- Voluntary
- Collaborative
- Controlled
- Confidential
- Informed
- Impartial, Neutral, Balanced and Safe
- Self-Responsible and Satisfying
The benefits of mediation[1] include:
- Cost
- Confidentiality
- Control
- Compliance
- Mutuality
- Support