ABOUT MEDIATION

What is Mediation?

How Does Mediation Work?

WhatTypes of Disputes Can be Mediated?

When to Mediate

The Benefits of Mediation and Why it Works

Important Things to Know about Mediation

What is Mediation?
Mediation is a confidential process in which people involved in a dispute voluntarily meet with an impartial Mediator. The Mediator, a neutral third party, will assist the parties to work towards their own resolution of the conflict. Unlike an attorney or arbitrator, a Mediator does not advise or direct the outcome of a resolution. S/he acts, instead, as a facilitator as the parties work through their differences.

How Does Mediation Work?
After the place and date of the Mediation have been set, both parties meet with the impartial Mediator. In the beginning, the Mediator establishes a safe setting which allows each party to openly express his/her view of the disagreement. The Mediator then guides the discussion and helps those involved to arrive at a mutual agreement. When, and if, all of the participants are satisfied, the Mediator writes an agreement using the terms and verbiage as determined by the parties. All present sign the agreement and a copy is given to each party.

What Types of Disputes Can be Mediated?
Almost any type of dispute can be mediated. Here are some examples:

When to Mediate?

• If you have tried without success to talk to the other person(s)
  
• The law cannot provide the remedy you want
  
• You want to end a problem, not a relationship
  
• You realize filing a lawsuit does not always bring the desired result
  
• Your dispute is no one else's business
  
• You want to settle your case quickly and realize that civil cases can take months (or years) to come to trial.

The Benefits of Mediation and Why it Works

• It is quick
  
• Matters are always kept confidential
  
• People can feel empowered because they solve their own disputes
  
• It is voluntary
  
• Decisions are made which can allow each person to leave with positive results
  
• Related problems can be identified and usually resolved
  
• Practical and creative solutions are reached
  
• Helps the parties to realize that they have an alternative to anger, violence, tension, hostility, and frustration
  
• Opens communication and builds trust between parties
  
• Parties are able to resume their relationship after a successful Mediation

Important Things to Know about Mediation

• The Mediator will prevent either party from being intimidated or manipulated
• This process provides the opportunity for the conflict to be aired; the conflict to be clarified for both parties; and for the options for resolution to be brainstormed
• If parties take the law into their own hands, everyone loses.
• If the problem is left unsolved, both parties suffer from frustration, anger and hatred
  
• If Mediation is used as soon as the conflict occurs, then it serves as a preventive measure to possible violence.
  
• Seventy nine per cent of the time, a resolution is reached allowing the parties to resume their relationship
  
• Since Mediation is based on peace-making, morale in an office setting, as an example, can be positively affected.

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Nancy Wise, 205 Cloudview Dr., Austin, Texas 78745
512.707.9903 (ph/fax) • 512.914.8525 (cell) • wisemed@austin.rr.com

©2000 Nancy J. Wise, Wise Mediation Services