Mediation

Why Mediate?

Traditional legal remedies for many types of disputes are not always satisfactory. Legal fees, court costs, and a lack of privacy and trust in the legal system are some of the reasons why. There is another way. When you have a dispute with someone that you are unable to settle informally you may want to consider mediation.

Advantages include:

• Mediation may be quicker and less costly than hiring an attorney and going to court
• You may have a greater opportunity to personally influence the outcome of the dispute
• The process is confidential
• You may be able to maintain important relationships

Disadvantages include:

• You may spend money on mediation and an attorney if you are unable to resolve the dispute
• No legal precedent is created

What Does Mediation Involve?

An impartial third party trained in mediation skills helps disputing parties to negotiate and arrive at a resolution that is agreeable to them. Mediation occurs in an informal, private setting with no formal rules to follow. The mediator does not decide the outcome, her job is to help the parties to communicate effectively by helping them to clarify issues, identify their interests, and create options that meet their needs.

Mediation allows the participants to negotiate an agreement directly with the other party in a private setting within a time frame set by the parties. When both parties agree on a solution, the agreement may be put in writing by the parties, the mediator or a lawyer. Mediation agreements are legally binding contracts and can be crafted with as much flexibility or individuality as the parties deem necessary. If the parties are unable to reach a mutually satisfactory solution in mediation, they still have the option of taking their dispute to court.

For many people, the greatest incentive to using a neutral third party to mediate a dispute is the personal satisfaction that comes from working through an issue in a constructive manner. Studies by the Andrus Foundation and the National Council of Senior Citizens found that older adults under-utilize alternative dispute resolution methods, but concluded "mediation programs offer promise for the elderly."

Mediation is not for every one or every type of dispute. However, for those individuals who want or need to maintain the integrity of their relationship with the disputing party, mediation may be an alternative to litigation or to an extended and acrimonious conflict.

Examples of disputes that may be appropriate for mediation include:

• landlord-tenant conflicts
• consumer complaints
• disagreements about inheritances or estate distributions
• sensitive long-term care decisions
• problems with governmental agencies and health care providers
• medical or professional malpractice claims
• intergenerational conflicts
• medical treatment and end-of-life decision making

Information courtesy of Elizabeth A. Kelly, Attorney/Mediator and Bill Beyers, Attorney at Law, Elder Care Network Participants. The information contained on this website is NOT a substitute for legal advice and no representations are made as to the accuracy of this information.