Highlighting the Advantages of Mediation
Litigation is often thought of as being the primary method of resolving disputes. However, it isn’t always necessary to enter a courtroom to reach a resolution. Mediation near Anne Arundel County is often an effective, non-contentious way of coming to a mutually beneficial agreement. If you would like in-depth information about the mediation process , you should consult a mediator who has experience in this area and appointed by the Circuit Court for Anne Arundel County for domestic mediations.
Mediation Can Resolve Many Types of Disputes
You might already know that some couples choose divorce mediation instead of divorce litigation. Divorce mediation is preferable to some individuals because it is, among other things, confidential and cost-effective. However, mediation is a versatile tool that can resolve a wide range of disputes. You should consider mediation if you are having post-divorce issues related to property or finances, child custody mediation, and business dispute mediation. Mediation can be used to resolve essentially any type of non-criminal dispute. For example, an individual might use mediation to resolve problems with his or her neighbor.
The Parties Retain Control Over the Process
When individuals resort to litigation to resolve disputes, they turn control of the matter over to the judge who has never met the parties before and will not remember the parties if he/she saw them in a local grocery store. It’s not uncommon for one or both parties to be dissatisfied with the judge’s decisions and orders as judges try to reach a solution he/she believes is fair and reasonable. Mediation is often preferable because both parties retain control over the decisions . Although it’s likely that both individuals will need to compromise to some extent, they both have the option to agree—or not—with the proposed solutions. If the parties do not agree, the parties can have a third party resolve the issue.
Mediation Uses an Informal Approach
Another advantage of mediation is its informality compared to the litigation process. Even in civil cases, which don’t involve criminal charges, the courtroom can be an intimidating setting with objections and trying to get the judge to understand your side of the story. Many people find that they are more comfortable with mediation because the setting and the process itself are far more relaxed. The mediator is a third party neutral and can spend more time trying to understand each person’s position, and reflect that position to the other party. A mediator can use a tool called reframing whereby the mediator uses his own words to try and explain each parties position as well as pointing out the common agreements between the parties. The mediator can also use a tool called caucusing whereby he/she talks to each individual separately so that a person can openly speak his/her mind as well as discuss issues that he/she does not want stated to the other person.
Mediation Promotes Harmonious Problem Solving
Resolving matters in court isn’t always a contentious process; however, it often does burn bridges. For individuals who expect to have dealings with each other going forward, mediation offers a way to work toward a more harmonious relationship in the future. This is particularly ideal for individuals who must co-parent a child, for neighbors who must continue living next to each other, and for business partners and colleagues who must continue to work with each other. Mediation is also gives an opportunity for each other to hear the other person without fearing the consequences of what is said being used against him or her. There are many success stories where mediation allowed parties to rebuild a bridge between them.