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When the parties to a dispute proceed with litigation they lose control over the process and find themselves subject to a legal system they will find very difficult to understand because of the complexity of legal procedures. Litigation is a slow and costly process that may take years to resolve the matters in dispute and end up costing thousands of dollars. The parties have no control over the proceedings or the judgment that will be rendered by the court. In contrast mediation is freed from the complex rules and procedures of litigation. It is conducted in an informal manner and the parties are free to speak about their needs and feelings to each other and the mediator as opposed to litigation where the parties’ needs and feelings are rarely if ever considered by the court, as the court must follow the law. The parties control the mediation of their dispute and with the help of a neutral third party mediator, under the protective umbrella of confidentiality, are free to reach a mutually agreed upon settlement that does not have to follow the law. It is also important to consider that people more often carry out the terms of a mutually agreed upon settlement than they do with court judgment.
I am an information based mediator and believe that a lasting settlement can be reached when the parties have a full understanding of all of the issues in dispute, have had the opportunity to address their feelings and have participated in reaching a mutually agreed upon settlement.
Attorney at Law and Mediation Services