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WHAT IS MEDIATION?
Mediation is a voluntary, and confidential process in which a neutral third party assists parties in developing mutually agreeable solutions to resolve conflict or simply to make decisions about a significant matter. It is an equally useful tool for avoiding possible conflict or problem-solving in the future.
It is voluntary in that parties participate in mediation out of choice instead of coercion.
It is non-binding in that decisions made in mediation are only binding once the agreement has been put into a written document and has been signed by each party. Usually (but not always) the parties will seek their own separate legal counsel before a legal document is signed for added assurance that a good and fair document has been created.
It is confidential in that information discussed in mediation can not become evidence in a legal proceeding in the event the mediation is not successful.
How is the Mediator's role different?
A Mediator is neither a Negotiator, who is working primarily for one side, nor an Arbitrator, who ultimately makes the final decision in a dispute, nor a Litigator who is advocating for one party in a win/lose approach. The Mediator has no coercive power nor does he/she render decisions or determine who should receive what. In contrast to the adversarial system, so common in our society, it is a blameless, non-accusatory process. In other words, NO JUDGEMENT nor DECISION is made by the mediator. The mediator's focus is on the parties' present and future needs and interests as well as the needs of others potentially affected by the agreement, e.g children or grandparents in divorce, peers and management in workplace disputes, contractor, owner or vendor in construction disputes, etc. The mediator's role is to create a safe and neutral environment, to facilitate communication between the parties, and to guide them to make their own decisions.
The process involves several steps:
- Guidelines are established, collaboratively with the mediator
- Concerns, needs and interests are established by the parties
- Information gathering
- Options are created. Let it be noted that, although we must work within the framework of the legal system, we do not necessarily look to the law for solutions. Instead, we inspect the interest/needs/concerns of both parties and then work from the premise that all needs will be met as closely as possible. It is not unusual that the range of potential solutions is expanded beyond all expectations in this highly creative, synergistic process
- A written agreement is often the practical goal of a mediation, but not necessarily the final and most important one. However, once an agreement has been written and signed by both parties, at that time it becomes a legally binding document that can be enforced in court. In some cases, (e.g. divorce/separation agreements), separate attorney review is strongly recommended and/or required. We recommend that 'review attorneys' act as legal advisors for the parties, not as attorneys negotiating or litigating on behalf of the parties. In other words, their role is to protect the clients by also respecting the mediation process in which the client is involved
What does the Alliance offer that is special?
At AMCR each case is facilitated by a primary mediator who consults with a team of mediators including a lawyer, therapist, and businessperson. In some cases, co-mediation may be an option when necessitated. Often in divorce cases a lawyer-therapist-financial professional team is used, creating the most productive and efficient use of time, energy, and money.
When is Mediation Used?
The answer is simple. Whenever there is conflict OR a need to make decisions in which the parties are looking for the most efficient way to find a resolution. It is particularly useful when the parties in conflict want or need to continue their relationship after the conflict has been resolved. Mediation can be effectively used in every domain of our lives: business disputes, labor/management issues, decision-making, workplace problems, divorce settlements, family conflict, arguments between neighbors or between landlords and tenants.
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