There is a lot of confusion when it comes to distinguishing mediation from arbitration. Many people are of the perception that it is one and the same.
Why Go in For Mediation
If you are in a legal dispute, then the first thing you would do is contact a lawyer. They may go through your case and ask for fees to fight your case. Well, in the case of a mediation service, this is not the case. Mediation is an alternate route to settle disputes. If you hate frequent visits to the court, then this is a good option for you.
When you opt for a mediation service, ensure that you add this point into your contract. When you draft the mediation agreement, ensure that you mention the scope of the issue, mediator fees, how the issue will get resolved and the decision they have agreed upon.
Mediation generally takes place between three people; you, your opposition and the mediator. This again can vary from one case to another. If you have counsel accompanying you on the case, you can involve them in the proceedings too.
Different Types of Mediation Styles
Mediation comes in four different styles namely:
- Transformative Mediation - This focuses mainly on repairing relationships rather than coming to a mutual agreement
- Directive Mediation - This involves specialized mediations who gather facts and evidence and then shares opinions
- Evaluative Mediation - Focuses on evaluating the weak links in the case and then coming up with options on the same
- Facilitative Mediation - This focuses on facilitating a negotiation between parties to reach a common ground
Many people tend to be skeptical while opting for mediation. This is a time saving and ensures confidentiality of both parties involved.
This article was provided by Pam Hatfield Associates.com