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Welcome to our Mediation Site

puzzleIn this site you will find resources relating to the many different types of mediation such as family conflict, corporate, real estate and governmental. You will find tips on how to have success during and after participating in a mediation session using proven techniques and resources available. No matter where you work or live, mediation’s goal should be a win-win to everyone involved.

Our goal with this website is to be a source of inspiration, provide hope and help you be more resilient as you go through the ups and downs during a mediation.

While mediation is not a new conflict resolution concept however it keepsmediation getting more popular with corporations seeking to grow their businesses in a more peaceful manner. It is also very popular with many family courts where mediation is many times mandated by the judge when a divorce is filed and there is no mutual agreement among both parties. Another court that uses mediators on a daily basis is the small claims court. In these cases judges will hold making a decision until the parties have attended at least one mediation session and will take the report from the mediator in very high consideration when making the final decisions.

imagesTo become a mediator many times all is needed is experience with conflict resolution techniques. Some mediators are attorneys or have some sort of education in the legal field. Many mediators are solo practitioners while some work for big corporate companies while many work for the government.

The whole concept of mediation is to find a resolution that is agreeable to both sides of the argument. It’s a give and take that allows both parties to change positions and modify their proposals until both parties have reached a point where it feels good to ratify the contract or final judgement.

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Legal mediation in family and corporate life

m1Mediation is the intervention of a third party to resolve issues that the original parties in the issue cannot sort out among themselves. Ideally, the mediator, or group of mediators should be a neutral party, who have nothing to do with any members of any of the parties directly involved, and who should not have any potential benefits from the decision that is finally taken.

Mediation is a legal term, but it is often done in the domestic arena in a personal way. In the business world, mediation has to be fully legal, but in family affairs, people often mediate among themselves.

However, the casual mediation is much different from the real, legal m3mediation. The basic difference lies in the nature of involvement of the mediator. In a personal mediation group, the mediator may even have a side of their own. They may have an opinion in the issue, and what they automatically end up trying to do is, make the matter go in favor of the decision that they prefer.

For example, say a couple is having a tough time continuing their relationship. They cannot resolve issues between themselves, so they ask a mutual friend to help out. Now, being a mutual friend, already being involved with both the people in equal or varying degrees, this mediator is bound to have an opinion on the relationship. He or she may either think this one would never work out, or may also think that these friends must stay together no matter what. The mediator in this case, will try to bring forth the points that are in favor of the decision he or she is comfortable with.

m2However, in legal mediation, there is no scope for the mediating body to let their personal opinion get in the way of a fair decision. There are rules and boundaries. The mediating body needs to be someone who does not have any personal connection with either of the parties.

Similarly, in the corporate world, mediation needs to be done by someone who does not benefit or lose anything from any of the possible outcomes that can result from the case at hand. It has to be someone totally uninvolved. Also, the mediator has the right to make both parties bring out every piece of information they had been hiding from each other. A mediator helps the parties look at the bigger picture, come clean to each other, and take a fair decision from which both, or all the parties involved may benefit, or suffer least, if it is that bad a situation.

The job of a mediator is to offer the suggestions and advice all the parties chalk_boardregarding the best possible decision. But the final decision lies in the hands of the parties. However, in order to avoid litigation, stress, and extra expenses, the parties usually follow the advice of the mediator, and resolve the issue without having to take it to court for litigation. Mediation is a smart choice when stuck in a rut regarding corporate or domestic decisions.

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Benefits of resorting to mediation in family matters

Family counselingMediation is the legal process of involving a third party to settle disputes between parties that are directly involved with a case.

Mediation can be used for business matters, regarding property shares, or important decision making, when the stakeholders or the business partners are not being able to come to an agreement on their own. Mediation can also be used in family affairs. In fact, more people take help of a mediator to resolve family matters than to take decisions regarding business.

When facing a crisis, it is very common to find the idea of a third party involvement intrusive and unwelcome. However, the mediators are strictly professional and family matters are kept confidential. The mediator sent for a case is typically a stranger to the members in the concerned parties, but a detailed synopsis of the case is given to them so that they know the background of the matter.

A good mediator can benefit a case in numerous ways. Firstly, being an family1unbiased third person and a professional, a mediator will be able to help the parties involved in the case, to come to a decision without getting bitter towards each other. A mediator is like a referee in a systematic game with rules.

Secondly, since a mediator is personally completely uninvolved in the situation, he or she can look at the whole picture from a distance, and get a wholesome understanding of the matter, with which, helping the involved parties look at every angle of the case to come to a proper decision, becomes easy.

Thirdly, each involved party will want to get the maximum benefits for themselves, to which the other party will refute, and the case will go on and on. With a mediator, things can get smoother and quicker than this. There is less stress, less efforts wasted, and quicker decisions made.

familySince whatever the given case maybe, has to be resolved, and matters settled within a given time period, hiring a mediator is a wise decision. Though it costs money to get a mediator, the price is shared between the parties and the overall cost is lowered since without a mediator, both parties would be beating around the bush and paying the court for all the extra days wasted in all the confusion.

Another very conspicuous benefit of hiring a mediator is that while the case is running, both parties come to know a lot of new ways the matter can be handled in. it is quite possible that neither party knows the best away around the matter, and the mediator introduces it to them. A mediator is therefore practically a mediator and a law advisor who helpsfamily3 with a lot of relevant trivia. The information mediators bring to parties, have given people many good ideas about investment, family planning, and financial decisions to make.

A word of caution here, if the mediator happens to be in some way related to the cause of the matter, either with a positive bias, or with hard feelings, all the benefits turn into disadvantages. Hence, choose a truly unbiased mediator for your case, and save yourself the horror of losing months and years on a case.

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Benefits of mediation in corporate life

Mediation_MainMany a times we face issues that we cannot solve without getting into a tiff with our business partners. There are situations that cannot be decided in black and white decisions. Often the situations do not have a clear solution. These are the times when business partners try to get the most benefits, be it fair or not. In such situations it is good to hire a mediator to take a fair and sensible decision which is beneficial for both the parties.

A lot of domestic properties are left the way it is, in order to keep a peaceful relationship among the parties involved. But in the corporate world, this is not an option. There has to be mediation, or there will be litigation, and nobody quite wants to resort to the latter.

In the corporate field, mediation is often used to decide the fate of 7314359liquidity and of unclaimed grounds in the property. Sometimes mediation is also done to decide the fate of shared property. What we need to remember here is, mediation does not decides the fate of the case, that it only helps the parties to decide the fate of the case.

In family issues, mediation is used for many fields, like divorce, separation, custody of the child, and financial shares. Both, corporate mediation and domestic mediation can be equally difficult. Just because the domestic arena has people who have a personal connection, or have had so in the past, does not mean that the parties will be willing to cooperate with each other. After all, a third party mediator was hired at all because the parties could not resolve issues on their own.

Similarly, in the corporate world, people do not want to cooperate with each other, because it is not every day that one gets the chance to use the benefit of doubt to succeed to a great extent. However, what people have to keep in mind in the corporate world is that, the business relationship is not getting over with the partners. Even if the mediation no-agreementends in the selling of a partner’s shares, benefiting both, somewhere down the line these ex-partners become competitors.

The ties in the corporate world are more difficult to snap out of, compared to those of the domestic world. Strange as it is, it is true, and also a driving force for all corporate mediating parties to want to resolve issues staying in good terms with all the other parties.

Mediation enables the corporate parties to get a good look at the complete detailed statistics and files of the case that is undertaken. Sometimes corporate people just call for mediation to get to see what the other party is hiding. With a complete knowledge of what is happening on the other side, both parties know the real situation.

Mediation does help in more than one way, but a lot of truth may come out. Opt for mediation only if you totally have to, say in cases where you just cannot resolve an issue among yourselves without dragging the matter to the court.

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Benefits of Mediation in cases that take time to resolve

Business concept. Isolated on white

Mediation is the process of involving an unbiased third party into the conflict of two or more involved parties that cannot settle matters without intervention. Mediation is a legal term, but we often do this in a private environment as well.

Often, we settle matters with the help of an uninvolved party, setting some ground rules that must be followed by all the parties. Be it a business matter or a family affair, we use the help of mediation to settle a lot of issues which are difficult for the directly involved parties to agree on.

In matters of family, personal mediation is very common. It is just the more serious version of parents preventing siblings from tearing each other’s hair out over who gets the last slice of pizza. Usually, the children would now have to share the last piece of pizza.

However, mediation in legal terms is a little different from the examplemediation1 above. Though it is still a simple procedure, the key difference lies in the way things go. The above example is just to explain how mediation may work. The key difference is that the final decision in mediation lies with the parties involved and not with the mediator. In a typical case of mediation, if one party is not agreeing on sharing the last slice of pizza, the case remains unresolved.

However, mediation helps bring balance to a case, and helps resolve it sooner than either party would have been able to. In legal affairs, usually both, or all the parties involved, want to get the case resolved as soon as possible because the legal fees keep getting accumulated with every day that passes without a decision made.

The cost of mediation is typically shared equally by both, or all the parties involved. Though this is an extra cost in a case, it is still a good way to save each party a lot of time and money in wasted days around the court, with no decision at hand.

Mediators are professionals who are typically unbiased to any of the mediationlogomembers in either or any of the parties involved. However, care should be taken that they are as unbiased towards the case in general as well.

Say for example, a couple is getting divorced and is hiring a mediator to decide who gets custody of the child, because according to law, they both stand equal chances, and the decision is up to them. Now even if the mediator does not even know either of the parents, considering it is a heterosexual couple, the mediator could be biased towards the man or the woman in general. He or she might want either of the people to get custody of the child just because of their gender.

This is why the ground rules are there to rule out any such biases. The mediator is answerable for their mediation process and decisions. The parties are answerable for their stances as well. All in all, a truly professional mediator will only help your case.

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