Mediation

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The Center for Mediation
 

Mediation is a private, cost effective resolution process that uses the skills of a trained intermediary to help others come to  their own agreements as they resolve their conflict, dispute or terms of contract. 

As a mediator I maintain a neutral and safe environment in which a  mutually agreeable resolution to the conflict can be negotiated and achieved. I bring to the table a wealth of experience and offer alternative options while maintaining mutual respect and facilitating a resolution. A mediator does not decide or determine the outcome of the dispute like a judge or arbitrator.

I clarify, record, and document all agreements and decisions. In the case of divorce or other binding contracts the parties retain the option of having their agreement documents reviewed by representative attorneys before they are filed with the court. 

Once filed with the court, the terms of a mediated agreement become a legally binding contract, divorce or separation.

The following list highlights some of the important advantages that using mediation to resolve conflict provides:

  1. Affordable:
    Mediation generally costs -70 to -85% less then standard litigation. Many mediators, myself included, offer a sliding payment scale.

  2. Agreeable:
    Participants create their own resolutions and are not forced to live with an impartial or intolerable decision of a judge or arbitrator.

  3. Amicable:
    Rather than escalate or exacerbate a disagreement or conflict, the process of mediation provides a venue for understanding, tolerance, and even lasting friendship. For example, couples with dependent children who choose to divorce using the process of mediation are much better prepared to work together as parents throughout the period of their children's dependency. This is seldom possible after contentious divorce litigation.

  4. Binding:
    Once a mediated agreement is filed with the court it becomes an official legal document and has the same authority as any litigated court decision or ruling.

  5. Convenient:
    Mediators generally provide flexible schedule choices that often include weekends and evenings in order to accommodate their clients needs.

  6. Diverse:
    Although most often used for dispute settlement between divorcing couples, separating partners or to resolve business disputes, mediation is also used proactively for preliminary contract negotiation and prenuptial agreements.

  7. Expedient:
    Mediation can move as fast as the parties come to agreement. Months or year of expensive, frustrating, and often embarrassing litigation can be reduced to a few weeks or months.

  8. Private:
    Even in the case of divorce, most states not require parties to appear in court. Individuals and their children and families maintain their dignity and mutual respect.

  9. Protective:
    Children of divorcing parents are protected from the pain of parental conflict and public exposure. Less psychological damage is experienced making recovery easier and more rapid.

  10. Safe
    Mediation takes place in a neutral place. The responsibility of the mediator is to maintain an atmosphere of respect for all parties that is also safe from psychological or physical abuse.

 

 

Copyright © 2010 Stan Kendz