A kind of alternative dispute resolution, mediation is not a new notion. The concept has actually been used for thousands of years.
In the context of a stand-by mediation, the mediator – a neutral and impartial third party – goes between and helps the conflicting parties in a dispute reach an agreement and a mutually satisfactory solution. This is done by assisting them in communicating peacefully with each other.
It allows parties to resolve their dispute more quickly than if they were to go through the lengthy process that comes with court proceedings. Apart from that, it also reduces the cost of legal fees — making it a cost-effective way to resolve disputes.
What Is Mediation?
Mediation resolves a dispute outside the court system. It is a non-adversarial process that allows both parties to work together with the experienced mediator to solve the conflict and reach an agreement that will benefit everyone involved. This means that the parties have a way to resolve their disputes without going to court.
Stand-by mediation is a voluntary process — all parties involved in the dispute must agree to participate in mediation for the process to proceed.
If one party refuses to participate and decides not to push through with the mediation, the other party may choose to continue with the mediation process. In this case, however, it may result in a less effective mediation process. The other choice is to proceed with filing a lawsuit and pursuing the matter in court instead.
The primary goal of mediation is to encourage all the people involved in the dispute to reach a voluntary agreement that both sides will accept. It’s more flexible than arbitration or litigation settlement, which are both forms of binding dispute resolution. It doesn’t require a lot of time to resolve their dispute.
In stand-by mediation, the mediator is not an advocate for either party. The role is to facilitate the process and encourage communication between the parties involved in the dispute.
What Are the Benefits of Mediation?
There are several advantages of mediation. These include:
Flexibility and Confidentiality
It’s flexible — not rigid or binding, unlike arbitration. The parties can work together in reaching an agreement that is acceptable to both sides. They can negotiate, easily modify, and adjust the terms of the agreement to meet their specific needs and preferences.
The mediator and the parties involved will not disclose any information about the mediation to maintain the confidentiality of the disputed issue.
Compared to court proceedings, mediation can be much faster — usually taking a few days or weeks to finish, depending on the situation and the complexity of the case. In some cases, it may take as little as just a few hours.
The process is more straightforward and less complicated, requiring less time for the mediator to help the parties involved in the dispute find a solution and complete the settlement process.
The parties are saved from paying expensive legal expenses, resulting in a cost-effective solution. They won’t have to hire lawyers to represent them in the court proceedings. They will be required to share the cost of the mediation, but there will be no court fees and bailiffs involved.
Parties Have the Final Say
Both parties will be the ones to make the settlement, decide how to resolve it, and whether to agree or not with the mediation results. They are free to make their own decision without any influence from the third-party mediator.
Resolve Disputes and Restore Relationships
This is especially important if the parties involved in the dispute are in a business environment or need to continue working together after the settlement. This means that they can continue cooperating with each other and preventing future conflicts from occurring between them.
Mediate First To Avoid Going to Court
With a stand-by mediation, everyone involved in the dispute will have the opportunity to voice their opinions in the matter and have the other party understand their side. If you need mediation, make sure to choose an experienced mediator like retired Judge Dennis Cavanaugh to ensure that you’ll receive the best help in reaching the best resolution for your dispute. With an excellent mediator, both parties can understand the other’s point of view on the issue, communicate more effectively, and resolve their differences, resulting in better mutual understanding and a lasting resolution.