ANSWERS: 1
  • If you are a traditionalist, you will file a lawsuit over your conflicts and depend on a judge or jury for resolution. If you want to control your own fate, you'll resolve your conflicts using a mediation analysis.

    Alternative Dispute Resolution

    Mediation is considered a form of alternative dispute resolution (ADR). Mediation is a unique form because the mediator has no authority to decide the result or require you to settle on terms you do not like.

    Mediation Benefits

    The main benefit to mediation is that you control the result. Any agreement is voluntary and creativity can be used in forming a resolution that also preserves the relationship between the parties.

    Mediator's Duties

    The mediator's only duty is to facilitate communication to resolve the conflict, not to assign blame or give opinions.

    Procedures

    Mediation is informal and the particular procedures used for a mediation session are usually crafted by the mediator to meet the unique circumstances of the conflict.

    Success Rate

    A resolution achieved through mediation will have a high degree of success because the parties' agreement is voluntary and completely devoid of the dismay that one side or the other (or even both) might feel after hearing a court judgment or jury verdict.

    Source:

    American Arbitration Association

    JAMS: Mediation Defined

    NOLO: Mediation, Arbitration and Collaborative Law

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