IS MEDIATION RIGHT FOR YOU?

Mediation is a faster and considerably less expensive means of resolving a dispute than either arbitration or litigation. Although the participants are, of course, free to retain their own attorneys if they so desire, legal representation is not a prerequisite. In mediation there is no higher authority than the parties themselves. They determine how the dispute will be resolved -- including whether or not a resolution is in their mutual best interests. All parties are on equal footing, each with an equal opportunity to be heard. The following questions are designed to help you assess whether mediation may be appropriate for you.

• Is all the information needed to resolve the dispute available? Relevant information might include financial data, contracts, correspondence, actuarial tables, and applicable statutes and regulations. If all the information is not yet available – or if the parties cannot agree on what information is necessary – the mediator can help the parties determine what they need in order to move forward.
  
  
• Are decision makers on each side of the conflict willing and available to mediate? It is pointless to convene a dialogue if the parties are not authorized to negotiate and commit to an agreement.
  
  
• Are the parties ready to engage in a good faith effort to resolve their differences? Conflicts aren’t just about issues; invariably emotions are also involved. In order for a productive dialogue to occur, the parties should be emotionally prepared to address each other in a constructive manner.
  
  
• Do the parties have an interest in maintaining a relationship once the mediation is over? By helping the parties better understand the dynamics that underlie their dispute, the mediation process may improve their ability to communicate and resolve conflicts in the future. This is especially helpful for parties engaged in ongoing collaborations or partnerships.