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What Is Mediation and Advantages
What is mediation?
Mediation is assisted negotiation. A neutral third party is brought
in to help the parties develop a solution to which they both can agree.
Does mediation mean I give up my right to go to court?
No. Mediation does not remove any rights you might have under
the law. In many cases mediation succeeds in reducing the number of issues in dispute,
thereby reducing the scope of the issues which remain to be heard by a court.
When does mediation work best?
Mediation works best when the parties have room to be flexible
and where there will be an ongoing relationship once the issue is resolved.
Will the mediator impose a decision if we can't find one?
No. A mediator is not a decision-maker. It is up to the parties
to craft a solution that meets their needs. The mediator is only there to guide the
process and to keep the parties talking.
Where do I find a mediator?
How much will this cost us?
The rates charged by mediators vary according to the mediator's
training and experience. The geographic location also effects costs. In some cases your
community might have a community mediation program that can provide well-trained
volunteers. (My Fee Schedule)
Who pays?
Normally the costs associated with mediation are shared equally
among the parties. Decisions related to this issue are made as part of the agreements to
mediate.
What does 'consensus' mean?
Consensus ranges from total agreement by all the parties, to
agreeing not to agree (I may not agree with a certain specific item in the final package
but I do agree with the overall package itself).
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