The Art of Compromise
Let David Bierman help you reach across the divide and resolve your disputes.
Have you ever heard someone say, "You scratch my back, and I'll scratch yours"? That's all about compromise and cooperation. It's the idea that if two or more people each get a little of what they want, then everybody will be happy.
Compromise is important to keep in mind while you're negotiating a settlement through mediation.
You may not get everything you want, but if you're good at making compromises, you'll probably be satisfied with the end results. A good neutral knows how to mediate a situation so that everyone comes out feeling satisfied with the results. They may not get everything they each want, but the situation is resolved and both sides can move on with their lives.
The optimal result for effective mediation is reaching a mutually accepted resolution, while mitigating disruption to the parties as much as possible.
What is Mediation?
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediating a case before a lawsuit is filed enables the parties to present their case to a mutually selected neutral person before any money is spent on litigation. The cost of mediating a case is minimal compared to the costs incurred through the life of a lawsuit.
Mediation Can Save Money and Time
Litigation is costly emotionally, psychologically, and financially on all the parties involved. The time and energy spent going back and forth between the parties and fighting over issues that could be easily resolved through compromise and the guidance of a good mediator is time and money you never get back. Additionally, the dispute is public in the courts, whereas in a mediation the dispute is kept private and between the parties.