Controlling your own Fate: Mediation Allows CHOICES!
Mediation provides a mechanism for those with disagreements or conflicts to exercise their own choices and discretion and to restore a sense of control over their lives in settling issues. It lets you actively participate in decision-making and choose your own fate. In mediation, parties can vent their feelings and find their actual interests to reduce emotional distress. Mediation allows parties to make their own decisions instead of being pushed to do so. Once a mutually agreeable agreement is achieved, the parties can halt the emotional agony that would haunt them while awaiting lawsuit resolution.
Mediation is distinct from litigation since it is voluntary and the parties are involved at every phase. Mediation facilitates free conversation between the parties, unlike litigation. Mediation allows innovative problem-solving that fits the parties' requirements, unlike litigation. Mediation tailors agreements to the parties' circumstances and is always confidential, enabling the restoration of healthy relationships.
THE RUSH TO COURT
In the recent past we’ve seen mindsets develop that send individuals to court for every actual or imagined injustice. Individual patience has decreased as litigation has increased. Instead of discussing each other's feelings and determining the cause of the argument, they run to a lawyer and sometimes the client insists that the lawyer be his/her "mouthpiece," even simulating emotions. The lawsuit process becomes self-sustaining, leaving little possibility for early peaceful resolution.
WHAT IS YOUR RISK IN THIS GAMBLE?
Like gamblers, most litigants think they'll win in court. After hearing the parties' predictions of the conclusion they feel they are entitled to, the mediator may inquire if their attorneys will guarantee those results. In a similar vein, the parties must inquire if there are any guarantees the result won't be half, double, or quadruple the expectations.
WHAT IS THE RISK?
The disputants must consider how much it will cost to determine who is correct and if the expenditures won't double or more. In mediation, parties manage expenses because they're participating in all processes. They don't have to file lengthy legal documentation as ordered by a court.
Time is needed to see the outcome
The parties need to know how long it will take to see if their guess was right. Litigation typically takes years. Most mediations take weeks or months.
DO YOU WANT TO RELAX?
If the litigation process proceeds, the parties have abdicated power to a judge over whom they have no influence. A negotiated solution is preferable.
Peace and harmony are attainable.
Given the foregoing, would it not make sense to recover control of your life through voluntary mediation, an established form of ADR? Mediation is a voluntary procedure in which a neutral, impartial individual helps disputing parties achieve an agreement. That implies the parties voluntarily participate and settle their conflict. Mediation is part of the negotiating process, not a third-person making choices for the parties. The mediator's purpose is to help the parties resolve their current controversies by defining their interests, looking to the future, and exchanging mutually accepted commitments that fit their personal standards of fairness. Mediation gives all parties a better chance of winning than litigation.
Through a confidential, voluntary procedure, you'll control and resolve your difficulties. An agreement allows all parties to go away as victors, not only in resolving their difficulties, but in life. Peace is possible at a lower financial and emotional cost than lengthy litigation.