1-800-931-7036
Mediation serves as an alternative means for resolution of a dispute. It is used when those that have been taking part in negotiations have arrived at an impasse.
Basic features of mediation session
• The 2 opposing parties are present, along with a neutral mediator.
• Both of the opposing parties must agree to meet with a mediator.
• Each party pays a portion of the cost for hiring a mediator
Someone that was aligned with those on one side of the dispute has no right to use in the future anything that might have been said by someone on the other side.
No legal proceedings; those present follow an established process
• Each side speaks to mediator in the presence of those on the opposing side.
• Then the mediator meets privately with each of the opposing parties.
• The final step involves a meeting where the mediator works with both parties, in an effort to encourage their agreement on a compromise.
No need for presentation of documents
The mediator’s role
Mediators do not make a decision, during any part of the scheduled session. Personal injury lawyer in Hamilton knows that mediators do not state their opinion of any argument that has been presented by either of the disputing parties.
Mediators can highlight the points made by one particular party, when speaking with those that oppose that same person or organization. The mediator’s chances for encouraging agreement on a compromise increase, following utilization of that specific tactic.
Mediators’ neutrality can be reinforced through efforts to suggest that each side must attempt to “walk in the moccasins” that are worn by those on the other side.
Advantages to using mediation
If the opposing parties live near one of the mediation centers, their chances for acquiring the services of a voluntary mediator are good. Such mediators allow the opponents’ shared cost to be reasonably low.
Another good source of low-cost mediators could be a nearby law school. An increasing number of such institutions are training their students to take on the mediator’s role. The young lawyers welcome the opportunity to take part in a process that does not rely on one side’s ability to have the strongest adversarial argument.
The adjuster faces the claimant or plaintiff. The adjuster’s position makes it harder for the same adjuster to ignore the claimant or plaintiff’s presented argument.
Dispute normally resolved in relatively short span of time.
Disadvantages to same alternative means of resolution (mediation)
It costs money to hire a mediator, if the opposing parties do not live near a mediation center or a law school. Not all adjusters agree to attend a scheduled session. The adjuster is supposed to represent the party that opposes the claimant/plaintiff. No means for enforcement of any mediated agreement.