Better PA

MEDIATION "Save Relationships"
(BETTER PA, SEPTEMBER 24^TH, 2008) 

Mediation is a voluntary, interactive process through which individuals or a group, working with a professional mediator, seek a realistic resolution to a specific issue. A resolution where the involved parties will be able to effectively continue in their present relationships because the parties reached their agreement together.

Mediation is private and confidential. A confidentiality agreement is signed by all parties. A courtroom is a public record making it readily available to anyone who is interested. What occurs and is said in mediation sessions cannot be disclosed. Confidentiality is critical to open dialog among the participants. This open and honest communication enables the parties to uncover the real problem(s). Without open and honest communication, the "real" problems will never be revealed, solutions arrived at will not be successful and the problem will reoccur, perhaps in a different context, but the problem will resurface.

Save money, time and stress !! In mediation you will have the cost of one professional mediator. With conventional litigation there will be two (2) attorneys, lost income due to preparation and attendance at meetings with attorneys, depositions, time in court and other ancillary costs including: fees and expenses for expert witnesses and other types of witnesses; document reproduction; stenographic fees; copying expenses...and the list goes on.

In mediation both sides are involved, are contributing to the interaction, they are involved in creating a resolution. The parties, not the judge, arbitrator, or anyone else develops the resolution. Litigation produces a winner and a loser. It focuses on a party's rights rather than their needs. Individuals can have a legal right to something, but they might not even need or want that right, but take it simply because they can or because in their need to "win" or in their anger they take it for retaliation. Such actions push the possibility of a settlement further away.

In mediation the involved parties contribute to and direct the final outcome of their dispute. This resolution may take any form or direction the parties agree upon. The litigation process, allows little or no control to the parties involved, whether this concerns how fast the process moves through the legal system or what form the resolution may take. A mediated resolution can address the minutest of items specifically important to the parties. By its nature the court does not have the ability or time to create innovative, detailed solutions, specific to the parties unique needs. Even if it could, implementation would be difficult, if not impossible, because the court operates within the confines of the laws and statutes, which frequently leave little or no flexibility.

When all parties involved are able to make a contribution to the discussion and the ultimate solution they begin to feel a sense of trust and respect for each other. Communication and listening skills improve. The mediator by listening to all the parties is able to gain an overall perspective of the situation.............a "helicopter view" if you will.....and is able to communicate this view to all parties as the mediation progresses. Relationships and people are suddenly seen in a new light. Everyone leaves the table with integrity and relationships intact, communication lines are open and the parties proceed with the implementation of a resolution(s) in which they played an active part.

Parties typically go into mediation wanting to protect their interests and "rights". Often as the parties engage in the process of mediation and work toward resolution of the issues their thinking has evolved to exploring what is best for all, not just themselves and what does everyone "need". This is a "Win-Win" across the board.