Facts
About Mediation
Mediation is a form
of Alternative Dispute Resolution (ADR) that is offered by as an alternative to the
traditional investigative or litigation process. Mediation is an informal process in which
a neutral third party assists the opposing parties to reach a voluntary, negotiated
resolution of a a dispute. The decision to mediate is completely voluntary for the parties
involved. Mediation gives the parties the opportunity to discuss the issues raised in the
dispute, clear up misunderstandings, determine the underlying interests or concerns, find
areas of agreement and, ultimately, to incorporate those areas of agreements into
resolutions. A mediator is first and foremost a facilitator. The responsibility of a
mediator is to facilitate communication between users during disputes. Anyone can mediate
informally between parties. A mediator does not resolve the dispute or impose a
decision on the parties. Instead, the mediator helps the parties to agree on a mutually
acceptable resolution. The mediation process is strictly confidential. Information
disclosed during mediation will not be revealed to anyone, including attorneys or the
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How
Mediation Works
An NCRS representative will contact the opposing party concerning their participation in
mediation. If both parties agree, a mediation session conducted by a trained and
experienced mediator is scheduled.
While it is not necessary to have an attorney in order to participate in the Mediation
Program, either party may choose to do so. It is important that persons attending
the mediation session have the authority to resolve the dispute. If mediation is
unsuccessful, either party is permitted to seek legal remedies to settle the dispute.
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Advantages of
Mediation
- Fair and Neutral
Parties have an equal say in the process and decide settlement terms, not the mediator.
There is no determination of guilt or innocence in the process.
- Saves Time and Money
Mediation usually occurs early in the dispute, and many mediations are completed in one
meeting. Legal or other representation is optional but not required.
- Confidential
All parties sign a confidentiality agreement. Information disclosed during mediation will
not be revealed to anyone, including attorneys or court proceedings should a agreement not
be reached.
- Avoids Litigation
Lengthy litigation CAN be avoided. Mediation costs less than a lawsuit and avoids the
uncertainty of judicial outcome YOU decide the outcome----not the Courts!.
- Mediation is problem solving
approach to complaints frustrations and anger issues are reduced. With investigation
during the course of mediation, the underlying problems may remain, if if a resolution is
reached. The mediator can assist the parties in addressing these additional issues
contained within the process.
- Improves Communication
Mediation provides a neutral and confidential setting where both parties can openly
discuss their views on the underlying dispute. Enhanced communication can lead to mutually
satisfactory resolutions. Parties share information, which can lead to a better
understanding of issues which created the need for mediation.
- Design your own
Solution
A neutral third party assists the parties in reaching a voluntary, mutually beneficial
resolution. Mediation can resolve all issues important to the parties, not just the
underlying legal dispute.
- Everyone Wins
An independent survey showed 96% of all respondents and 91% of all charging parties who
used mediation would use it again if offered.
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