MEDITATION blog 2
MEDITATION
Is Mediation Right for you?
When parties are unwilling or unable to resolve a dispute, one good option is to show to mediation. Mediation is usually a short-term, structured, task-oriented, and "hands-on" process.
In mediation, the disputing parties work with a neutral third party, the mediator, to resolve their disputes. The mediator facilitates the resolution of the parties' disputes by supervising the exchange of knowledge and therefore the bargaining process. The mediator helps the parties find footing and cater to unrealistic expectations. He or she might also offer creative solutions and assist in drafting a final settlement. The role of the mediator is to interpret concerns, relay information between the parties, frame issues, and define the issues
When to Mediate
Mediation is sometimes a voluntary process, although sometimes statutes, rules, or court orders may require participation in mediation. Mediation is common in small claims courts, housing courts, family courts, and a few court programs and neighborhood justice centers.
After a Mediation
If a resolution is reached, mediation agreements is also oral or written, and content varies with the sort of mediation. Whether a mediation agreement is binding depends on the law within the individual jurisdictions, but most mediation agreements are considered enforceable contracts. In some court-ordered mediations, the agreement becomes a court judgment. If an agreement isn't reached, however, the parties may attempt to pursue their claims in other forums.
The mediation process is usually considered more prompt, inexpensive, and procedurally simple than formal litigation. It allows the parties to specialise in the underlying circumstances that contributed to the dispute, instead of on narrow legal issues. The mediation process doesn't specialise in truth or fault. Questions of which party is correct or wrong are generally decreased than the problem of how the matter are often resolved. Disputing parties who are seeking vindication of their rights or a determination of fault won't likely be satisfied with the mediation process.
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