Mediation occurs when two parties need a neutral to facilitate an environment in which agreements can be reached on matters not previously mutually resolvable. The approach is unique in that the mediator is a third-party who helps the conflicting parties sort out their affairs in a confidential setting. Mediation can even work for those having difficulty communicating one another.

What the parties get is a cost-effective process that takes the courtroom out of the equation. An agreement can be reached cooperative where one party doesn’t win at the expense of the other. This balanced victory for both parties is the result of the mediator paying attention to the power each party has and then using certain techniques to put the imbalances back into balance.

The Benefits Of Mediation

It is important to understand the benefits of mediation so you can make an educated decision when presented with the possibility of using it as a conflict resolution method. Those benefits are:

  • The parties are able to control the final decision.
  • Because the parties own the decision, they are more likely to comply with the final decision, making litigation less likely to occur. This also means not incurring additional costs and committing more time to the issue.
  • Mediation is faster and less expensive than litigation.

Mediation can be used in nearly any situation in which one person may bring a lawsuit against another. Of course, both parties need to agree to mediate in order for the process to take place. Being that it is an attractive option when compared to litigation, mediation is frequently the preferred method.

The Mediation Process

Mediators use a very specific process when it comes to resolving a conflict. The process starts with an explanation of the process. Both sides will then define the issue as they see it so that they both have a good understanding of the other’s position. Information is then gathered through the mediator asking open-ended questions in order to get an idea of how each party feels. The mediator will summarize often to ensure there is a solid understanding.

Options can then be laid out so that the parties can bargain. This tends to lead to an agreement. The Minneapolis mediation attorney doesn’t take a side. Instead, they are a neutral whose purpose is to get the parties to talk in a civilized and productive manner so that the conclusion can be reached. Once the agreement is made, both parties can move forward past the matter.

Contact A Minneapolis Mediation Attorney

Mediation is a method used to reach a conclusion in a matter so it doesn’t have to go to court. Many matters are resolved through mediation, which is faster and much more affordable than litigation. If you are facing a legal matter, it may be resolvable through mediation. When you consult with the attorneys at Fishman, Carp, Bescheinen & Van Berkom, LTD, your case will be thoroughly evaluated to see if mediation is an option. To learn more, call 952-546-6000 to request your free consultation.