The word mediation brings to mind well-intentioned peacemakers stepping between brawling neighbors. Some people assume mediation means the complete avoidance of confrontation. Occasionally, the word gets confused with arbitration or litigation. The fact remains that most people have no idea what it really entails.
Mediators actually solve life’s overwhelming problems affordably and quickly. They solve any problem, such as, marriage difficulties, employment problems, or disagreements with others.
What is Mediation?
Mediation is a tool used to settle disagreements between two or more parties. The mediator, a neutral third person, guides the process by creating a private, non-threatening environment. Both parties discuss their differences. If the discussion proves successful, then the resulting agreement satisfies both parties.
What is a Mediator?
An impartial third person selected by both parties in a dispute becomes the mediator. The mediator may be a field-expert, lawyer, or layperson. The most important quality needed for this task is the ability to listen and direct the discussion.
What is a Mediation Hearing?
The mediator places both parties in a setting that allows effective communication. During the hearing, the conversations contain differing opinion and strong emotions. Therefore, the mediator encourages dialog leading to empathy between parties. The goal is to find common ground between the parties.
Shuttle diplomacy, as part of the hearing, entails on-going proposals between parties until reaching an agreement. If the mediator finds a satisfactory solution, then the parties create an agreement.
If the parties resolve their dispute, then the terms of the resolution are listed in a settlement agreement. Both sides sign the agreement.
The Difference Between Mediation, Arbitration, and Litigation
Litigation refers to the process of a dispute resolved through the court system. Final decisions come from a judge or jury.
Arbitration, quicker and more economical than litigation, requires a mediator. Both sides choose the mediator who leads discussions and guides them to the final, binding agreement. However, the arbitrator decides on the final resolution.
Mediation, the most affordable and fastest option, allows the opposing parties to reach the final decision. The court system is not involved. The resolution, in this case, usually satisfies all parties with no further damage to the relationship.
Don Swift and Associates Helps
Don Swift and Associates LLC commits to helping you solve your thorniest issues. Our services help you find a pleasing resolution for both parties. We give you a fresh perspective from the eyes of an experienced, qualified mediator. A mediation hearing saves you from a potential lawsuit, a failed relationship, or further economic loss.
Don Swift, a credentialed, advanced mediator in Texas, specializes in dispute mediation. He offers guidance in:
- Commercial disputes. Examples: property, insurance, or car wrecks
- Workplace disputes between employees, management, or complaints investigations.
- Church disputes with pre-divorce or large group
- Court ordered mediation (VORP).