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Mediation

Mediation

Mediation involves the use of an impartial person to help make informed decisions and to develop a mutually acceptable agreement between the parties having a dispute. Mediation may be voluntary or in many cases involuntary through an order by the court. Mediators do not have to be attorneys, but many are. In the case of a legal dispute it may be advantageous to have a lawyer as a mediator. Mediators are not engaged to provide legal advice.

Fundamentally mediation is a process that is designed to reuire the parties to cooperate in coming to a resolution of their disagreement. It is intended to be flexible in that the parties are in control of the resolution. It's goal is to determine a resolution that is a win-win situation for all parties involved. While a mediator acts as a guide, the parties may establish any resolution that does not violate public policy or break any law.


Benefits of Mediation

People decide themselves how their differences will be resolved. In the alternative a judge will decide. Generally parties feel better about a solution they have crafted. Much like finishing a project there is a sense of satisfaction once a joint resolution is achieved. Coming to an agreement can have the side benenfit of reducing hostilities between the parties. In a business context maybe a client is not lost, and potntially new opportunities may arise. The process is confidential. Any solution obtained is not public.
Mediation can be much more economic than attorneys.


Role of the Mediator

The mediator has no authority to make decisions or foprce parties into a settlement. Good mediators do not give opinios about what the resolution should be. Mediator do not takle sides. They represent neither party in the dispute. The mediator's role is to foster communication, explore the wants and needs of the parties, and to help people openly discuss alternatives that are acceptable.

A mediator will kep the discussions focused. Mediators will try to miniize the emotional aspects of a dispute keeping the parties on the subject matter of the dispute. Mediators to some extent cotrol the dialog. Name calling, blame, and negativity are eliminated, leaving only the issues. A mediator will try to establish clarity about the issue so the poarties can focus on what is important.

Role of Attorneys

The output of a succesful mediation is an agreement. The ultimate form of the agreement is a contract between the parties memorializinbg the solutioin the parties have arrived at. Where legal matters are involved, or where litigation is involved, the mediator will suggest that the parties consult their own attorneys before final commitment. Ideally, participants should have been advised by attorneys prior to the mediation commencing. This is not required, but can be helpful in establishing the bounds, risks, and expected outcomes from the mediation.

Lawyers do not need to be present at the mediation. If a party decides to have a lawyer present then that must be made known to the mediator and other party to the mediation. Mediation is not the forum to practice "one upsmanship". mediation is the forum where parties come to settle their diagreements in an open, fair minded, non litigious environment.

Mediation Session

A typical mediation goes through six steps. These steps may be accomplished in a single session or may require multiple sessions. A session may last from 1-4 hours depending on the matter to be solved. The ideal is for multiple short sessions rather than 1 long session.

Steps:

1. Introductions
2. Recitation of the History of the Dispute By Each Party
3. Defining the Issues, or the substance of the dispute
4. Indentifying the Interests, and Concerns resulting from the dispute
5. Developing, Exploring and Discussing Options
6. Reaching an Agreement



Mediation Session

A typical mediation goes through six steps. These steps may be accomplished in a single session or may require multiple sessions. A session may last from 1-4 hours depending on the matter to be solved. The ideal is for multiple short sessions rather than 1 long session.

Steps:

1. Introductions
2. Recitation of the History of the Dispute By Each Party
3. Defining the Issues, or the substance of the dispute
4. Indentifying the Interests, and Concerns resulting from the dispute
5. Developing, Exploring and Discussing Options
6. Reaching an Agreement



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Law offices Jacob M. Rzepka 5035 Mayfield Rd. Lyndhurst, Ohio 44236 (216)-923-1309
Hours By Appointment - Evening and Weekend Appointment Available
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