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Mediation is when an attempt is made to help two or more parties hear each other out and hopefully come to an agreement. Standard mediation services, when being used in law, are used as a way to resolve a dispute of people that have obtained effects that are in question due to the disagreement. The mediator tries to get the parties to negotiate a settlement outside of court orders. A mediator is generally a third party person that determines the structure, timetable and dynamics that a typical negotiation wouldn?t tend to have. The whole process is very civilized, private and confidential. It is a voluntary meeting as the idea is that all parties involved are willing participants. A person forced into a negotiation meeting will not be open to coming to an agreement with anyone. The participating parties are allowed to take the discussion where they would like and the stand-by mediator acts more as a guide than a instigator.
Various methods are employed to open dialogue or improve moods between the parties disputing. All the methods? goal is to help the people involved to reach an agreement or a settlement.
Other than the civilized notion of standard mediation services, another benefit is the cost of doing business. A mediator?s hourly fee may be similar to a lawyer?s but the mediation process usually takes much less time than the standard legal process. A lawyer?s case could generally take anywhere from months to years to close, mediation takes only a few hours to come to a resolution.
Also, court hearings are on the public record while mediation is not. Mediation is strictly confidential and no one but the people in the room need to know what happened. In fact, mediators cannot be subpoenaed to testify in court if it refers to the content of the mediation process unless the mediation uncovers child abuse or criminal activity.
While in court, the judge and jury have the control even if the parties come to a resolution; in mediation the parties can maintain the control level they desire. Mediation is generally much more mutually agreeable for all disputants.
One thing that can be taken to court of law is compliance. Whatever is agreed upon in mediation must be complied to as if it were court ordered.
Mediators are highly trained in dealing with issues with difficulties arise. The mediator will always remain a neutral party and can facilitate the parties through the bumpy areas. Thinking outside the box for answers and solutions and agreements is where the mediator works best. They are responsible for broadening the minds of the disputants to other possibilities they might not have thought of.
Vehicle accidents are the number one cause of personal injury cases in America but of those 90% to 95% can be settled out of court.
Standard mediation services which is also known as alternative dispute resolution is something you would want to consider should you find yourself in the situation where you need legal assistance in coming to agreement with another party. Mediators will know your civil rights and know the law just as a standard lawyer would.
