Mediation is a form of alternative dispute resolution (ADR) that involves a mediator and each party meeting together to find a solution to a dispute. Mediation is typically used as an alternative to litigation or arbitration, both of which are more formal and adversarial processes.
Mediation can be an effective, collaborative, and efficient way for clients to resolve disputes. Some potential advantages to mediating a dispute include:
- Confidentiality – the mediation sessions are confidential, which means that the parties can discuss the issue(s) in dispute, along with any potential solutions, in a private environment. This can help encourage frank and honest discussions among the parties.
- Cost-effectiveness – mediation is generally less expensive than arbitration and litigation because it is an informal process.
- Time efficiency – mediation can often bring about a resolution far quicker than litigation. Mediation sessions can be scheduled based on the availability of the parties and the mediator rather than waiting to go to court. Mediations can last anywhere from a few hours to multiple days, rather than the multiple months or years it can take to resolve a litigation.
- Preserving relationships – because mediation is a cooperative, not adversarial, process, it can allow for the parties to preserve their relationship rather than destroy it.
- Control over the outcome – mediation is the one dispute resolution process that the parties largely remain in control of – that is, the mediator does not decide the matter. This is different than in both arbitration and litigation, where the arbitrator and judge and/or jury decide the matter.
The Mediation Process
Generally speaking, the first step in the mediation process is for the parties to determine that they want to mediate and to identify and select a mediator. Once the parties agree to move forward with the meditation, they prepare for the session(s) with the mediator. This can involve speaking to employees, gathering and reviewing pertinent documents, and developing an understanding of the other party’s issues and position regarding the dispute. The parties then meet with the mediator, either in person or virtually, to discuss their issues, concerns, and goals for resolving the dispute. The mediator works with the parties to identify areas they can agree on and helps them to explore possible solutions. The mediator can work with each party individually, as well as with both parties in the same room. Often, it is helpful for each party to hear from the other party in this kind of confidential and non-threatening environment. The mediator does not make decisions or impose solutions but rather helps the parties to negotiate a resolution. If an agreement is reached, the mediator will generally help the parties document the terms. The agreement can be binding or non-binding, depending on the specific circumstances of the dispute.
How Can the Law Office of Jenna F. Karadbil Help With Mediation?
Representation for Parties in Mediation
The attorneys at the Law Office of Jenna F. Karadbil believe in mediation and are skilled in the process. We can help you prepare for and participate in the mediation. We can provide legal advice throughout the process as your advocate, unlike the mediator, who serves as a neutral. We can help document any settlement to help ensure that the terms meet the requirements agreed to during the mediation.
Serving as a Neutral in Mediation
Our services extend beyond representing parties throughout the mediation process. We also are trained to serve as a mediator. As a neutral, we assist parties in resolving their differences through effective communication and negotiation. We serve as neutrals in disagreements involving:
- Intellectual Property
- Internet/Social Media
- Entertainment Rights
Our mediators help parties communicate more effectively, identify areas of possible agreement, and explore various solutions to resolve their disputes.
The Experienced Alternative Dispute Resolution Attorneys at the Law Office of Jenna F. Karadbil Can Help You With Your Mediation
If you are interested in exploring mediation as a way to resolve your dispute, contact us to schedule a consultation with one of our experienced attorneys or mediators.