Mediation or Litigation? Mediation Litigation Parties make own decisions Attorneys make decisions Parties 85-90% more likely to abide by decisions they make Parties less likely to abide by decisions attorneys make Costs much less Costs can be exorbitant Takes much less time Can go on for years Communication is civil, respectful Attorneys encourage sides only to “speak” through them Personal/professional issues stay private Issues open to public record Some mediators from left: Loyal Smith, Laurette Cocklin, Sharon Loucka, John Bertschler, Michelle Russell, Thomas O'Reilly, Barbara Neilsen Related Articles... Mediating Domestic Violence Divorce Cases Elder Mediation: Finding Family Balance when Caregiver Roles Reverse Elder Mediation: New Role in Healthcare Advantages of Mediating Real Estate Disputes Mediating Step-Family Disputes with Children and Teens Related Training & Speaking Topics... Conflict in the Workplace/Change Bullying

What is mediation?
Mediation is a process in which a neutral third party (the mediator) facilitates the resolution of conflict involving two parties.

Sometimes, parties are already in agreement as to how they would like their resolution to be.

For example:

• A married couple agrees to a marital dissolution. They have a fairly solid understanding of how to divide their assets, their time spent with children, and material goods in the house.
  
• A business which wants to buy out another business wants to make certain that this is a fair agreement for all parties involved. No one is arguing; they just want to have a mediator verify they have not omitted anything crucial in the agreement.

At other times, parties are in heated dispute.

For example:

• A husband and wife who have each retained an attorney over a year ago, but are getting nowhere in filing for divorce.
  
• A couple who wants a mediator but cannot agree on how to divide their portfolio.
  
• A church whose pastor has a different understanding of how to run the church from the elder council.
  
• A school board in heated debate with teachers regarding salary increases.

In either case, parties who are willing to dialogue about the issues are good candidates for mediation.

What are the steps in mediation?

Preliminary steps include a free consult to determine is there is a good “fit” between the needs of the client and the services we provide. We spend time making sure the parties have a good understanding of the mediation process before we begin the formal steps.

Step 1. Introductions and Ground Rules

Step 2. Both parties involved present their side of the story

Step 3. Issues are clarified, summarized, and prioritized. Both parties need to understand each other’s needs.

Step 4. Creative brainstorming of possible solutions.

Step 5. Narrowing range of options to best and most workable solution(s).

Step 6. Documentation of agreement and signing of agreement by both parties.

At times, a subsequent meeting is set up to determine how well the agreement is working. Because parties now know the process, they can also meet without the mediator as long as they follow these basic steps. If at any point one or the other party refuses to continue the mediation, each party maintains the right to investigate the option of litigation.