To Mediate?
So many times I have been contacted and asked, "Well, he's hired an attorney, and I really can't afford one right now. Is mediation really an option for me?" If I had a nickle for each time I was asked this ....
Whether to mediate or not to mediate is based upon two things: (1) court-ordered mediation and (2) voluntary mediation. Court -ordered mediation is required by the court and all parties must appear with the mediator. That does not mean problems are solved, it means they showed up. Usually, in most cases I'd say, conflict is resolved. However, there are those people who just love to fight -- and spend tens of thousands of dollars over a period of months or years -- in an effort to "level the score" with the other party(ies). Court-ordered mediation can resemble a "shot-gun wedding."
Voluntary mediation is the most productive, may or may not have attorneys present, and is really where both parties are ready to make some compromises in the hope that they will resolve their differnces, create an agreement, and move on with their respectice lives -- saving money, time and emotional engery. Many times, that is exactly what happens.
Mediation, and arbitration, are increasingly more common now to resolve differences. If you are considering mediation, the best thing to do by far is contact a mediator and explain your case.
™© 2006 Martha Monteiro All Rights Reserved
Whether to mediate or not to mediate is based upon two things: (1) court-ordered mediation and (2) voluntary mediation. Court -ordered mediation is required by the court and all parties must appear with the mediator. That does not mean problems are solved, it means they showed up. Usually, in most cases I'd say, conflict is resolved. However, there are those people who just love to fight -- and spend tens of thousands of dollars over a period of months or years -- in an effort to "level the score" with the other party(ies). Court-ordered mediation can resemble a "shot-gun wedding."
Voluntary mediation is the most productive, may or may not have attorneys present, and is really where both parties are ready to make some compromises in the hope that they will resolve their differnces, create an agreement, and move on with their respectice lives -- saving money, time and emotional engery. Many times, that is exactly what happens.
Mediation, and arbitration, are increasingly more common now to resolve differences. If you are considering mediation, the best thing to do by far is contact a mediator and explain your case.
™© 2006 Martha Monteiro All Rights Reserved
posted by Martha Monteiro, Mediator at 6:38 PM
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