Mediation can be defined as the process of conflict resolution. It involves several distinct steps designed to achieve a mutually beneficial compromise according to Antonino Mercuri. Here’s what to expect. Pursuing a lawsuit can be costly. Mediation allows two or more people to settle a dispute amicably with the help of a neutral third party, called the mediator, and avoid costly litigation.
The mediator’s role
Unlike a judge, the mediator does not decide the outcome of the case. The mediator’s job is to help the parties resolve the problem amicably. The primary goal is for all parties to find a solution they can trust. Since the mediator does not have the power to impose a decision, nothing can be decided unless both parties agree.
Types of Problems Resolved by Mediation
In the event of a dispute, it is common for courts to require some form of informal dispute resolution, such as mediation. The following are examples of cases that can be resolved through mediation:
- Small business conflict
- Family Law Issues
- Real Estate Litigation
- Breach of contract
Moreover, the time it takes to resolve the problem depends on the complexity of the case. The simplest cases are resolved in half a day, while more complex cases can take up to a full day of mediation, with negotiations continuing once the mediation is over.
Stages of Mediation
Many people think of mediation as an informal process in which a mediator talks with the conflicting parties until they reach a compromise. But in reality, mediation is a multi-stage process designed to achieve results:
Most mediations proceed as follows:
Step One
Once the parties to the dispute are seated at a table, the mediator introduces everyone, explains the objectives and rules of mediation and encourages each party to work collaboratively towards a settlement.
Step Two
Each party is invited to describe the dispute and its consequences, financial or otherwise. The mediator may also have general ideas about the resolution. While one person is speaking, the other is not allowed to interrupt.
Step 3
After the presentation of the facts, the mediator tries to take up each aspect of the conflict individually, trying to identify possible points of agreement. He then encourages cooperation and dialogue between the parties concerned.
Step 4
During this stage, the mediator brings the conflicting parties together again to negotiate directly. Generally, the mediator does not bring the parties together until an agreement is reached.
Stage 5
If the parties reach an agreement, the mediator will likely put its main provisions in writing and ask each party to sign the written summary of the agreement. If not, the mediator will suggest that the parties consider whether it would be useful to meet again at a later date or to continue negotiations by telephone.
You can use mediators such as Antonino Mercuri if you wish to involve them in your business.
