Zinn Mediation Associates is changing our focus. Below you will find information about mediation. For excellent mediation services, please link here to Community Mediation Concepts.
Mediation is assisted negotiation. It is a structured dispute resolution process where an impartial third party, the mediator, meets with disputing parties in an effort to identify the issues, allows each disputant the opportunity to present their issues, explore options and clarify goals. The mediator facilitates face-to-face meetings of the parties to assist them in reaching a mutually-acceptable solution. Parties reach agreement freely, voluntarily and on the basis of informed consent. As the "process expert," the mediator helps the parties negotiate efficiently and effectively.
The mediator does not offer legal advice, but can offer their opinion regarding settlement solutions. A mediator can also bring new perspectives to the proceeding through their own knowledge of the subject matter. A mediator can also assist parties in exploring alternatives that they might not have otherwise considered. The mediator assists the parties in working through their issues to find a reasonable settlement for their dispute.
However, the mediator does not have the authority to make a binding decision in the mediation process. Mediation is voluntary and confidential and can be considerably less expensive than going to trial.
By contacting a Zinn Mediation Associates, you will be directly in touch with an experienced, trained mediator who will provide a free consultation and assist you with determining whether mediation is the appropriate solution for your dispute.
Why Choose a Mediator?
What Are the Benefits of Mediation?
Mediation is less confrontational and less polarizing than an ajudicated or arbitrated case. It is a more streamlined process and thus can be cheaper. It has the added benefit of determinationof a solution, by whatever means, that the parties to the mediation agree to among themselves.
People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation. Below is a list of some of the benefits of mediation, broadly considered. Mediation generally produces or promotes:
Mediation is generally less expensive when contrasted to the expense of litigation or other forms of fighting.
In an era when it may take as long as a year to get a court date, and multiple years if a case is appealed, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results.
Mutually Satisfactory Outcomes
Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.
High Rate of Compliance
Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.
Comprehensive and Customized Agreements
Mediated settlements are able to address both legal and extralegal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation.
Greater Degree of Control and Predictability of Outcome
Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.
People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediation negotiations can provide a forum for learning about and exercising personal power or influence.
Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way
Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a relationship more amicable.
Workable and Implementable Decisions
Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.
Agreements that are Better than Simple Compromises or Win/Lose Outcomes
Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions.
Decisions that Hold Up Over Time
Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
Our appreciation to mediate.com for this information.