Mediation can be a wonderful way to resolve an issue between two parties. Typically a great solution to avoid a long and costly trial, mediation may be utilized in almost all non-criminal cases. Some of the most common types of disputes resolved through mediation include issues in employment, divorce, child custody, contracts, leases, and small businesses. All parties involved in a mediation have the same end goal: to cooperate in the name of a fair resolution or work towards a settlement.
A neutral mediator will help to guide the conversation and facilitate the overall process. The more prepared both parties are the better and smoother the mediation will go. This means preparing all documentation beforehand, understanding the rights and responsibilities of all parties involved, and educating yourself on all of the potential issues. Unfortunately, not all mediations go smoothly.
Some of the most difficult aspects of mediation include:
- One or both of the parties has an unrealistic view of the case
- Emotions get in the way of sound decision-making
- One or both parties forgets to bring important documents
- Neither side seems willing to give anything up in order to make a fair deal
- A lack of respect makes it difficult to move the conversation forward
- The focus shifts to differences rather than common interests
- One or both parties lacks a fair level of patience
Resolving a serious problem, especially as it relates to one’s family, can be a very difficult thing to do. As such, it is the mediator’s job to facilitate a respectful, productive middle ground where each party feels as though they are getting some of what they want. Mediation is a tool used to help parties confronting a conflict or dispute reach a mutually acceptable agreement through negotiation and may be an effective alternative to the traditional constraints of the trial process.
If you find yourself in a dispute and would like to try alternative avenues to filing a lawsuit, please contact our Naperville office for advice on proceeding with mediation. The Law Office of Brenda Murzyn, P.C. would be happy to assist you with your conflict.