How can mediation help?
Most disputes are caused by conflict between different perspectives. The role of the neutral mediator is to facilitate conversation and understanding between parties and help discover common ground. It allows all parties to express their concerns and air frustrations without the confrontational environment often found within courtrooms.
Courtrooms create winners and losers in disputes. In a courtroom, you put your fate in the hands of someone else, which creates risk and uncertainty. Whether it is a judge or jury, disputing parties will never be able to fully convey each nuance and detail of their side. When the matter ends, at least one, and sometimes all parties are disappointed.
Mediation eliminates these risks and allows the parties, with the help of the mediator, to control the outcome. Mediation allows for confidentiality. Each party can speak with the mediator privately and confidentially. Information shared with the mediator is not admissible at trial. This aspect of mediation creates an open and honest environment necessary for effective communication, assessment, and negotiation.