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WHAT ABOUT PRIVATE OR SENSITIVE MATTERS?
In Litigation if it is important and in open court it will probably be in the news or at least on the grapevine. No one wants their laundry aired in public. Most court records are open to the public just for the asking. Win or lose it is your "permanent record" and right or wrong, innocent or not, your image and reputation are aired for the world to see.
The Mediation Solution provides that the entire process is closed to the public! No one involved can discuss any aspect of the settlement or the information disclosed in mediation without your consent. It can't be used against you later if you do not reach an agreement. It cannot be published in the paper, used in court, discussed in the news or even told to a friend without your agreement.
The nature of a law suit is to fight. No one likes getting sued. Unfortunately once litigation is started the attorney's job is to gather facts designed to show the strengths of their side and the weaknesses of the other. By the time you come out the other end of the "litigation tunnel" odds are you can't just go back to working together, socializing or even speaking to one another. That is a loss no matter who won.
One of the advantages of Mediation is that the goal of Mediation is conducive to preserving a viable relationship between the parties. You are both there to resolve an issue. Once that issue is resolved and you both agree to the resolution odds are that you can put the matter behind you move forward. Often Mediation results in reaching a solution that includes a future working relationship as a part of the agreement. It is in your control.
WHO IS IN CONTROL?
You remain in control. You share in the process from start to finish. You control the outcome and participate as an equal no matter who is across the table. It is your concern and it will be your solution.
DOES MEDIATION TAKE A LONG TIME? Believe it or not most mediation sessions last less than one day. Many matters that would be pending for years have been resolved in a mediation lasting only a few hours. Mediation is a speedier and far less expensive means of obtaining a resolution that is designed to be a confidential process to allow improved communications and preserve and repair relationships.
WHAT CAN I EXPECT FROM MEDIATION?
Mediation allows you to design remedies that fit your needs and circumstances. The key to a great resolution is "WIN/WIN". Structured payments, apology, retraction, letters of recommendation, confidentiality agreements, barter and agreements for future business are some of the workable options in mediation that may not be available in litigation.
BECOMING A MEDIATOR
If you are interested in becoming a mediator please contact your State Director (see the navigation bar to the left or at the bottom of this page and select "State Directors") or the National Office of the Professional Mediation Association. We will be happy to provide you available information. Also click on the TRAINING link in the navigation section of this page to obtain information on available training.
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