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subject: Why Use Mediation Services? [print this page]


Mediations are an alternate form of resolving disputes. The third party or the mediating party often tries to resolve the issues instead of going to the court. There are several reasons why mediation services can be used in issue solving. It is also known that the mediation service has been around for a long time. It is only now that it is being known by the general public. The mediator is a third party which is neutral and their main aim is to resolve the issue without going to the court. The mediator also helps to get more information which helps us weigh the pros and cons of not resolving the issue with the help of a mediator.

There are various advantages of using a mediator for issue solving.

Mediation is said to be the least expensive route for problem solving. Though the mediator charges a fee it would be nominal when compared to what is paid to the lawyers. There are no hard and fast rules with the mediator. The process may take very less time in comparison to that in the court. Basically as the time spent is less the amount of money spent would also be very less. Mediation is a very confidential process. Whatever is told to the mediator is between you and the mediator whereas in the court the hearings are always public. The most important aspect of using a mediator is confidentiality. Even the courts cannot force the mediator to testify in the courts. It is also known that most of the mediators destroy the notes once the case is closed.

The options given by the mediator are often flexible. The parties that are involved in the conflict have control over the situation. In the courts the decision which is taken by the judge is considered final. Whether they like it or not the decision is thrust upon them and they have to accept it. The result may be that the conflicting groups may or may not like the decision. In mediation, the resolution may be beneficial for both the parties. As the results got by the parties is mostly mutually beneficial mediations works much better. The agreement made by both the parties upon reaching it is however fully enforceable by the law. Meditation is mostly agreed on by the conflicting parties because they also want to resolve the issue as soon as possible with little time and money spent as possible. As both the parties work hard towards reaching an agreement there are less chances of opposing each other too much. This proves to be beneficial for the conflicting parties.

A good mediator is trained in conflict resolution and has good experience in handling any difficult situation. The emotional and the psychological aspects play an important role in mediation process. The mediator never gives any legal advice but suggest simple problem solving methods for the mutual benefits of the conflicting parties. Chances are that they may be alternate methods for solving the problem. The mediator usually thinks out of the box to try and solve the issue. Depending on the type of conflict and how much the people involved in the conflict cooperate mediation works extremely well in solving it rather that the courts.

by: Craig Simons




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