Couples often enter counseling to resolve their conflicts.  Mediation operates much like counseling from a legal perspective. During mediation, a neutral third person assists the parties in addressing their dispute. The mediator typically speaks with each party both individually and jointly, and highlights the areas of agreement between the parties. While a mediator can suggest a solution to the parties, he does not reach a conclusion on behalf of the parties.

Mediation, a form of Alternative Dispute Resolution (ADR), is appropriate in situations in which the parties have a mutual interest in remaining on amicable terms once the process has concluded, such as divorce. For similar reasons, mediation is widely used in disputes involving family members, co-workers, business partners, tenants and investors.

While there are several ADR processes for resolving legal matters, mediation provides certain advantages that make it suitable for parties who highly value privacy, flexibility and a non-litigious atmosphere.

Confidentiality. Mediation proceedings are generally confidential and privileged. Confidentiality is essential to a successful resolution. The parties’ statements during mediation cannot legally be released outside the mediation proceedings and cannot be exposed later in a courtroom. With the assurance that their disclosures during mediation will not be disclosed, the parties can truthfully and openly express their concerns, thoughts and opinions.

Adaptability. The mediation process allows for flexibility in the parties’ presentation of their evidence. Parties can draw from various sources to govern and guide the mediation process. In addition, negotiated or mediated agreements can include uniquely tailored procedures to carry out the outcome of the mediation.

Time and cost efficiency. Many parties choose mediation to avoid the court and attorney fees associated with a trial. Even when the parties have already initiated litigation, they can still opt for mediation to resolve their dispute.

Control. Where parties can negotiate their own settlements, they have more control over the outcome of their dispute. Parties who mediate their differences are able to fine tune the details of the agreement.

Compliance. Agreements reached through mediation are more likely to be effectuated by the parties.

Mediation can be a highly effective method for dispute-resolution. Finding a trained and experienced mediator is crucial to obtaining the best result for your case. Contact Shane Coons at 949-333-0900 or visit www.ShaneCoonsLaw.com to learn how mediation can assist in resolving your dispute.