Services

Mediation

Mediation Services

 

Mediation...

…is yet another form of dispute resolution that I strongly recommend to my clients. In contrast to arbitration and public litigation, mediation is not a legally-binding resolution. Therefore, if either party is not satisfied with the mediation process, they can still proceed with formal litigation if they choose to do so. Mediation is a process in which both parties agree to sit down with an independent neutral third party and openly discuss their position (what they want) and their interest (why they are asking for what they want). To have a successful mediation, both parties need to have emotional intelligence and be willing to discuss what they want, and the reasons why they feel what they want is justified. Each party also needs to be willing to work cooperatively with the other party, to actively listen to what the other party is saying, and to try and understand the problem from their perspective. A good mediator will remain neutral throughout the process and try to create value for both sides. It is important to note that mediation should not result in one side winning and the other side losing. In contrast to litigation and arbitration, a successful mediation results in a collaborative effort that results in a mutually-satisfying arrangement that adds value for both parties.

Litigation...

…is a formal judicial process that takes place in a public courtroom when two parties have a dispute. As a result, all the details of your conflict are available for public scrutiny. Litigation can be a lengthy, time-consuming process (sometimes 2-3 years) that can be expensive and exhausting — both mentally and physically.Litigation also results in a zero-sum game where one party wins everything, and the other party loses, so there is inherent risk with litigation. Fortunately, there are alternative forms of dispute resolution that are becoming more common and are more efficient for the parties.

Arbitration...

…is a process in which the parties submit their differences to the judgment of a neutral and impartial third person or group selected by mutual consent. This process is similar to formal litigation, but does not have all the same formalities, and therefore can sometimes be completed in a shorter period of time at less expense. However, the adjudication of the dispute is a final and legally-binding resolution outside of the public courtroom.
Lastly, because mediation is a collaborative process as opposed to an adversarial process in which one party wins and the other party loses, mediation can often be useful to help restore or preserve relationships that might otherwise be jeopardized for a lifetime, should the conflict be resolved via formal litigation or arbitration.

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585-500-1844

Email

gregory@thegregorylaw.com