The Cornerstone of Any Successful Conflict Resolution is Communication.

Without communication, it’s next to impossible to have the needs of all disputants met and reach a mutually beneficial solution to the problem. However, productive communication can sometimes be difficult, whether due to issues between the relevant parties, conflicting needs, or other circumstances. In cases like these, a third party may be needed to help the dialogue continue. This is where professional mediation comes in.

WHAT IS MEDIATION?

Mediation is a method of introducing a trained third party to assist with dialogue, providing a neutral party to facilitate a conversation without it getting stuck on hiccups such as disagreements or non-constructive topics.

The mediator helps steer the conversation along, letting each side speak their piece, making sure that all sides have a chance to voice their needs before discussing a fair solution. The mediator is focused on resolving disputes and promoting communication to reach that goal.

However, mediation as a form of dispute resolution can be a confusing process. It’s a nuanced form of conflict resolution, and it can be hard to understand exactly how it works and when to use it. Mediation is a great avenue for many types of cases, but it’s not the best option for every case. With our helpful guide, we will walk you through the process of mediation, explain how it works, offer examples of when to use mediation, and explore the benefits of using a third party to resolve conflicts.

mediation processHOW MEDIATION WORKS

Mediation is a form of alternative dispute resolution and is a way of resolving issues between two or more parties without resorting to stricter court proceedings. A professional mediator uses a wide variety of techniques to guide the conflict resolution process in a constructive direction, helping all parties proceed in a safe, productive manner towards the optimal solution.

The mediator analyzes the issues and irons out problem areas that might hinder the conversation. The best part is that a mediator is strictly neutral, focusing on resolving the conflict without taking sides or making demands. Above all else, the mediator is an experienced guide to help disputants resolve their conflicts in a healthy and productive way.

THE MEDIATION PROCESS

Mediation typically begins outside of court and is usually completely voluntary. Both parties agree to meet with a trained mediator to resolve their conflict and then hire an attorney specializing in mediation services.

This ensures that the mediator is a trained and experienced neutral party, whose only goal is a successful resolution to the dispute. In a mediation session, relevant parties are given the opportunity to interact openly and productively, communicating their needs and, with the help of the mediator, work towards the optimal solution. By working with a trained mediator, the parties involved in the dispute work together to reach a satisfactory conclusion where all parties agree to close the book on the dispute.

WHEN TO USE MEDIATION

Mediation is a viable solution to a number of types of cases, that could also be handled through traditional litigation. Therefore, it can be difficult to figure out which option to resort to when trying to resolve your case.

In many cases, mediation is the right approach for a legal issue simply because it focuses on engaging in a dialogue and working together to reach a mutually beneficial solution. Mediation promotes communication, so it’s ideal for parties who need to work together to resolve their dispute. This is especially important in family law cases such as divorce, custody, and inheritance.

In addition to promoting productive communication, mediation can save the disputants’ time and money, making it a great option for cases involving parties who need to resolve their conflict quickly and efficiently, such as personal injury cases. At the same time, mediation can also help to avoid lengthy court sessions involving several litigation attorneys, which is ideal for situations like custody cases where the resolution needs to be reached as soon as possible.

mediation processSOME IDEAL CASES FOR MEDIATION

For personal injury cases, mediation offers the plaintiff the opportunity to have their voice heard, their injuries recognized, and allow relevant parties to agree upon satisfactory compensation out of court. Mediation also gives the plaintiff a chance at closure and a sincere apology, so the emotional toll of the injury can be resolved.

In custody cases, mediation gives parents the chance to communicate their needs, coordinate schedules, and work in the best interest of their children quickly and efficiently, without needing a judge to make overarching rulings that aren’t always in the best interests of the children and parents. For example, mediation gives parents with different work schedules the opportunity to align custody times with their differing work schedules. For parents who live in different locations, mediation is a good avenue for determining transportation schedules and longer visitation periods.

Mediation is even helpful in divorce cases, as it allows both parties to reach a mutually beneficial solution to the division of their assets. Rather than providing a list of desired assets and arguing over shared desires, mediation allows the parties to explain why they want certain assets, give them the chance to explain their desires, and helps the parties reach a mutually satisfactory division of their assets. More than anything, mediation promotes communication and collaboration, helping invested parties work together to resolve the problem, instead of against each other.

THE BENEFITS OF PROFESSIONAL MEDIATION

While mediation can be incredibly helpful in many types of cases, it is important to hire an attorney skilled in mediation, such as the attorneys available at Anderson Hunter, to make sure that the proceedings move towards the optimal solution and that a concrete resolution is reached.

A trained mediator can help facilitate collaboration and communication, resolving conflicts more quickly and easily than in traditional court settings. Trained mediators use various techniques to promote a healthy dialogue, improve empathy between disputants, and steer the conversation towards an agreement where all parties are satisfied. Most importantly, a trained mediator doesn’t take sides, staying neutral and focus on resolving the problem.

RESOLUTION THROUGH MEDIATION

Mediation can be an excellent option for achieving a mutually beneficial resolution to your legal case. It’s an efficient way of resolving an issue in a way that makes all disputants feel satisfied and allows them to close the book on the issue quickly. A trained mediator can promote healthy communication, allowing relevant parties to voice their needs and work together to resolve the situation in a way that leaves the parties feeling that the conclusion met their needs in an optimal way.

A professional mediator can make all the difference. If you’re in the market for a trained mediator, or are looking to see if mediation is the right option for your case, schedule a free consultation with the trained mediators at Anderson Hunter.

At Anderson Hunter, we’re committed to making sure your legal proceedings are handled with the utmost care. We have attorneys on hand that are skilled in mediation and can help you resolve your conflict while making sure your voice and your needs are heard. Reach out to us to schedule a consultation and start yourself on the path of resolution through mediation.

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