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Sunrise Mediation Rebecca H. Hiers Home Mediation Facilitation Trainings About Contact |
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What is Mediation? |
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Mediation What is Mediation? Why Mediate? Frequently Asked Questions Is Mediation Right for My Situation? |
Mediation is a structured process that allows the Parties to discuss their differences in a respectful and productive manner. The Mediator will guide the process, but it is the Parties who have the power to choose the solution to their dispute. Many Parties come to mediation feeling that it may be "impossible" for everyone to agree to a workable solution. The mediation process, however, can be surprisingly effective in helping the involved individuals discover the potential opportunities sometimes hidden within their situation. Mediation is more than just an assisted negotiation. The process and the laws that govern mediation allow the Mediator to help the Parties and their Attorneys evaluate the strengths and the weaknesses of their legal positions. Having a realistic understanding of the legal options can help the Parties make practical decisions in crafting a solution. Mediation's main advantage over an adjudication, however, is that it does not limit the Parties to solely law-based solutions. In court for example, the Judge typically may consider only the applicable laws, the relevant facts, and the available legal remedies. In contrast, in the mediation process, the Parties are free to discuss and explore all of their underlying interests and desired outcomes. Because the Parties may include in their agreement issues that a court could not, the Parties often have far more bargaining chips in a mediation setting, and are much more likely to develop "win-win" solutions that give everyone what they need. |
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