Positive Communication Systems

Description

Mediation provides the opportunity for two or more people in dispute, with or without legal representation, to talk to each other and attempt to develop a workable solution. Mediation is not a formal legal meeting in the sense that there is no audio or video recording and no transcripts will be produced during the session. Each party has the opportunity to discuss what matters and to decide on the course of action that should be taken going forward. In the case where an agreement cannot be reached, mediation still serves to help better your understanding of both your position as well as the information shared by the other party. Our mediations are held in conference rooms or meeting rooms and allow the parties to sit together and work on their mutual issues and areas of disagreement. The people in the mediation set the ground rules for their own discussion, as well as decide on taking breaks, seeking information and how to most productively have this difficult conversation. The mediator acts as a neutral party in the room to help with the communication between the two parties. The mediator may ask questions to clarify each person's perspective and to help develop a greater sense of understanding. The mediator may also paraphrase, summarize or help parties avoid getting stuck in non-productive types of conversations. In the transformative model used the mediator does not act as a judge and does not express any opinions on what is right or wrong, good or bad or how the issue should be settled. The mediator cannot provide any legal advice, financial advice or personal advice to any of the participants. The mediator may meet briefly and privately in a caucus or private meeting with either or both of the parties and their representatives. When this caucus occurs everything said to the mediator is considered confidential and will not be disclosed to the other party without the speaker's consent. Q: If I have to hire a mediator, how will this save me any money? Hiring a mediator does add cost to any dispute, but it is typically far less than the full cost of having to start a lawsuit or end up in repetitive types of pre-trial meetings and discussions. Since the mediator's time is blocked, it is easy to budget for and agree on the time in the mediation. Not all mediators bill the same rates and it is important to check out different mediators in your area to find the mediation service that is best matched to your requirements with regards to time, scheduling and costs. Typically both parties pay the same fee to the mediator, but in some cases one party may pay the full fee if agreed to by both parties. In these situations it is important to understand that the mediator still is neutral and has no vested interest in the settlement of the agreement. Mediators cannot change their fees after the mediation has started, and they cannot bill on contingency options. In addition most mediators require all costs of the mediation be paid in full in advance of the mediation. Additional time can be added on to the mediation block provided both parties agree and payment can be made at the time of the meeting.

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