Alternative dispute resolution (ADR) refers to processes and techniques used to resolve disputes rather than resorting to a decision made by a judge or other governmental process. The court system has a heavy caseload. Many courts require people to try some form of ADR, often mediation, before allowing the disputing parties to have a case heard by a judge.

A voluntary process, mediation is used to facilitate the resolution of matters that may already be the subject of litigation. The mediation process allows the parties to maintain control of the outcome of the dispute. Mediation also allows the parties to reach a resolution in one day. At Md Mediator mediation can usually be scheduled in less than one week. Therefore, parties in dispute do not have to wait months to get into court.

A mediator is a neutral third party who facilitates communication between the parties in dispute with the objective of assisting the parties to reach a resolution to the dispute. A mediator does not make a decision as to the outcome of the dispute. The mediator assists the parties in dispute to negotiate a resolution.

Mediation is private. If parties in dispute go to court, their conflict and resolution are public. What is said in mediation is confidential. If however, a resolution is reached in mediation for a matter that is pending litigation in court, the resolution may become public record.

Mediation can be used in anticipation of conflicts yet to arise. Large corporations and smaller private companies are not immune to the stresses of administration, growth, and change. Mediation is an effective tool employed by parties who want to prevent conflicts or to decrease the possibility of a conflict becoming a full blown dispute.

Parties in dispute may wish to maintain a working relationship. Mediation facilitates the expression of feelings by parties that would not be encouraged in a court room. Mediation allows parties in dispute to decrease the stress associated with conflict and to improve and maintain their relationship with one another. Furthermore, participating in mediation provides parties with the skills to negotiate and resolve future disputes.

Mediation allows the parties to remain in charge of the outcome of their dispute rather than putting their destiny in the hands of a judge or jury. When parties take “possession” of their dispute, and together reach a resolution rather than relying on a judge or jury to decide the outcome of the dispute, parties are better able to live with the resolution.

It is the wise attorney who realizes the increased demand for mediation during the litigation process, and who is supportive of the process. Attorneys, who participate in mediation with their clients, improve and reinforce client relationships. Where disputing parties are represented by counsel, the attorneys are invited to submit a statement to the mediator prior to the mediation.

Attorneys and parties in dispute should realistically consider the strengths and weaknesses of their case before attending mediation. Furthermore, both should have a clear idea of their objectives for the mediation. At the mediation, the parties should be able to present a statement of the facts of the dispute. If the parties do not resolve the dispute in mediation, and instead rely on a decision by a judge or jury, one party will lose. If the parties are willing to compromise, each may leave the mediation with some of what they wanted rather than relinquishing control to a judge or jury and taking the chance that they will lose.

To schedule a mediation session, please contact us at (410) 433-4040.