Mediation is generally not a step people take when everything is fine - there's no such thing as "just-in-case" mediation. Yet many people tend to think of mediation as one of two extremes: Either a magical fix-all that will instantly solve their problems or as a perfunctory episode that has no chance of solving their problems. Either attitude can guarantee that mediation fails as a strategy, but there's another factor in mediation failure: A lack of preparation. Success is often directly tied to the effort that both parties bring to it - even more so in mediation. You have to come into the experience prepared in order to give your mediation the best possible chance.
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For many, mediation is an unknown process. Many do not understand what it is and, most importantly, how it may help them resolve disputes effectively and with little cost. Therefore, there are many myths and assumptions as to mediation's benefits and process. This article will take a look at 5 general myths that many have regarding mediation.
Mediation is one of the most effective ways to resolve your disputes and conflicts. It can save parties a lot of money, energy and time. However, many people have never been involved in mediation and do not know what to expect and therefore come unprepared to take advantage of all the mediation has to offer. From my experience as a mediator, the more prepared the parties are, the stronger the resolution will be. Preparing for mediation is not something that takes a lot of time and strategy. There are some simple steps that parties can take that will greatly affect the mediation outcome. This article will take a look at how to effectively prepare for mediation, so that you will be ready to create the best resolution to your conflict.
Mediation: The Sensible Means For Resolving Contract Disputes
In an effort for companies to mitigate their risk, many contracts contain arbitration clauses as the norm. This type of clause requires arbitration as a form of alternative dispute resolution if a dispute over the contract arises, and although such clauses are extremely useful in some cases and have helped many get on with business as usual after a dispute arises, they are not necessarily the best in all circumstances. Many people are turning to mediation as an alternative way to resolve disputes across the spectrum. Although mediation has been most popular in family law situations and commercial disputes, this tool can also be effective at resolving a wide variety of conflicts.
For the most part, if the issue can be litigated, it can also be mediated. This is why business and professional conflicts, employment concerns, small claims disputes, and even custody issues have all been resolved successfully using mediation. |