Mediation is an informal but effective way to resolve a dispute. The parties agree to meet in an agreed upon location with the mediator acting as a neutral party. Mediation is different than a court of law or Arbitration in that the mediator does not make any final decision for you, nor will they decide on an award. The final outcome is determined by the parties with the help of the mediator – both sides have to come to an agreement. The end result is up to you.
On the day of the mediation, I usually ask the parties to sit together in a conference room to make a brief opening statement, followed by the opportunity to have a face-to-face discussion of the issues. The parties are then divided into two separate conference rooms to talk privately and confidentially through the mediator for the duration of the mediation. If the situation is too uncomfortable, the parties do not have to meet together, and may go directly into conference rooms.
As the mediator, I will go back and forth between the conference rooms. We can talk, draw diagrams, look at contracts, review emails, discuss different ideas and take breaks as is necessary. The process can move slowly or quickly. It is up to you, but I will continue to point out important facts and ideas with the goal of moving you towards a resolution.
As the mediator, I am not a judge or an arbitrator, so there is no need to “prove” your case to me. It is the parties who are in control of their own destiny. If the parties want to end the dispute, it is in their hands.
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