Mediation is a process.
Mediation is an informal and confidential process where a neutral third party (mediator), who is trained to facilitate communication, is used to assist people to work toward a solution to their dispute.
Mediation allows YOU to be in control.
The people involved make a decision for themselves; the mediator, judge, or jury does not decide what is best. In a safe environment, parties are encouraged to openly discuss their views, declare what is important to them, and decide what options they are willing to adopt as their own. The mediator will assist with communication roadblocks, ask questions to clarify facts and meaning, and then draft the agreement to be signed by the parties. Mediation is voluntary, and either party may withdraw from the mediation at any time.
Mediation saves time and money.
Mediation is cost effective when compared to other professional interventions. Unresolved conflict can incur a high, but hidden cost. Elevated emotions may override rational thinking, in terms of remaining fiscally wise, as evidenced by a client who declares "I don't care what it costs!" Many times there are secondary costs of; the value of time, potential legal expenses, loss of revenue, or even the loss of clients or employees and the costs to replace them.
Mediation is confidential.
A confidentiality agreement will be explained and signed by all parties, before mediation begins. Mediation is generally protected by confidentiality and not admissible in court, except in the form of a final and signed mediated agreement. Whereas, a matter decided by the courts can be a part of the public record.
Exceptions to confidentiality include;
-- When required by law; i.e., abuse to a child, vulnerable adult, or animal.
-- Reasonable belief there is potential harm to yourself, another person, or safety becomes an immediate concern.
-- Criminal felony activity, either present or past.
-- Both parties agree to a release of information or implied consent.