Walker Mediation I What is mediation and its benefits?

WHAT IS MEDIATION?

Mediation is the process where participants are guided by a neutral person, or mediator, to discuss and isolate issues surrounding a dispute.

The aim is to reach a mutually acceptable solution that helps maintain, or at least does not further damage, the relationship of the people involved.

At Walker Law & Mediation, we pride ourselves on assisting clients and other parties to explore alternative dispute resolution options rather than litigation.

BENEFITS OF MEDIATION

Provides an opportunity for a private and confidential resolution
Reduces the uncertainty and risk of trial
Traditionally less expensive and more time efficient
Involves the parties participating directly in a cooperative and comfortable environment
Provides flexible settlements that meet the real needs of the parties
Sets the stage for future agreements in interactions going forward
Allows both parties to be proactive in their control of the outcome and accept ownership
Results are generally final and cannot be appealed which allows the parties to move forward without the fear of further litigation or appeal

6 STEPS OF MEDIATION

Introductory Remarks - This outlines the role of the participants and demonstrates the mediator’s neutrality.
Statement of the Problem- The statement is not necessarily a recital of the facts, but it is to give the parties an opportunity to frame issues in their own mind, and to give the mediator more information on the emotional state of each party.
Information Gathering - The mediator will ask the parties open-ended questions to get to the emotional undercurrents.
Problem Identification - The mediator tries to find common goals between the parties. The mediator will figure out which issues are going to be able to settle or those that will settle first.
Bargaining & Generating Options - Once the participants are committed to achieving a negotiated settlement, the mediator will propose a brainstorming session to explore potential solutions.
Reach an Agreement - All parties are able to reach a mutually satisfactory solution.