Do you want closure, an acceptable resolution, a chance to be heard and understood without having to go court? Consider alternative dispute resolution. This alternative provides you with what is often a better option and can save you money, time, and emotional toil. You could elect arbitration and have a third party make the decision, or what may be even better you could have a professional mediator mediate between the parties and help the parties come up an alternative the works for both parties. Alternative dispute resolution in the form of mediation is the focus of this article providing you with six advantages for you to think about.
If you desire to resolve a dispute without any legal action in the USA, it is best to have a qualified mediator offering alternative dispute resolution in the form of mediation. Mediation makes use of an impartial third party to work with the parties to develop a creative solution to settle the dispute. The benefits make mediation popular among people desiring to have a quick and hassle-free settlement of disputes without any legal action. Even with difficult issues like business valuation in a matrimonial dispute or a business valuation with the IRS this process saves money, time, and resources as well emotional and physical toil.
Here are six benefits of having such a service from a qualified mediator that has a proven record in your area of concern.
Less costly than going to court
It is known to all that court battles can run for a long time and in complex situations this can mean years. When this is the case, litigation can involve various legal processes, motions, depositions, expert analysis, reports, and testimony and this in turn is costly to settle a dispute like this in court. If the issue is complex, then the expenditures are much more. On the other hand, an alternative dispute (ADR-based) resolution of any disagreement is less costly than that of going to court. Typically, the cost of mediation is a small fraction of the cost of going to court and often is less than 10% of what a party may spend before the trier of fact issuing a final opinion. For this reason, ADR in the form of mediation should be given sincere consideration.
If there is litigation and you need to attend court, you need to have days off from your normal duties at work. This takes you away from your work and may have a negative impact on your work. The emotional stress can negatively impact your work, interactions with others at work, and your mental and physical wellbeing. When you are stressed at work this can cause a wrong impression on the minds of your customers, clients, peers, subordinates, and boss. They may worry whether you can complete the designated work in a quality manner and on time. Moreover, litigation of any nature is stressful. Making use of alternative dispute resolution in the form of mediation with the assistance of a qualified mediator can significantly reduce your stress. You have more control, more predictability, and you can see progress on the issues. Simply being heard can make a substantial difference in reducing your stress.
Best opportunity to narrate your story
An impartial mediator during an ADR-based mediation will ask both of the parties involved in a dispute to share information. The mediator will ask the right kind of open ended questions, empathize, paraphrase, summarize, and suspend judgment to help the parties express themselves. This allows for an airing of the facts, the issues, the emotion behind the issues, and the interests of the parties. You have a real opportunity to be heard and the opportunity to hear from the other party in a safe and neutral environment. This method of working together gives you the perfect opportunity to narrate your story. However, you do not have the same freedom if you have opted for a court-based resolution of the same issue. The court is more interested in applying the law to the facts than addressing the human side of the issues.
Best consideration for both parties
We all know that courts are a rigid institution and resolve cases staying in line with legal legislation. Justice is blind, but mercy never is. However, an ADR-based resolution is much more flexible and considers the individual requirements of both parties involved in a dispute. Personal circumstances can enter into the discussion. This allows you to frame your agreement with the other party by considering legal elements but structuring an agreement that works for the parties involved. This allows you to expect to have a resolution that is reflective of the issues in your case. You address what is important to you.
It helps to maintain the current relationship
An ADR-based resolution takes into account the considerations of both parties. The outcome in an agreed mediation has an acceptance by both individuals involved in a dispute. Having such a resolution from a court is rare. So, an ADR-based resolution helps to maintain a relationship instead of breaking it. This can be to both of your advantages based on other considerations going forward. You can have the best of relationships with your opponent after having ADR-based resolution. Because it is your agreement the likelihood of follow through and follow up is significantly enhanced by both parties.
When a dispute has a resolution in a court, the arguments put forward by legal advisors happen in front of all in a courtroom and the record becomes part of a public record. In other words, there is no privacy except in rare circumstances associated with a court-based resolution This is not the situation when you decide to have alternative dispute resolution with the assistance of a qualified mediator. The entire process happens behind closed doors and maintains confidentiality. This can be a very important element for one or both of the parties. By having confidential conversations, parties may be more willing to share other interests not readily apparent before the mediation process.
So, there you have it. Mediation saves money, reduces stress, lets you tell your story, considers the point of view of both parties, helps maintain relationships, and it is confidential. Given these advantages ADR-based resolution in the terms of mediation should be given sincere consideration. When exploring mediation, focus on a qualified mediator with experience in the area in question. An experienced mediator with specific experience in your area of concern can ask the right questions, provide insight to the parties with the questions asked, and help experts provide commentary that everyone can understand. This clarifying the issues, promotes understand, and facilitates closure.
About the author
Mike Gregory is a professional speaker, an author, and a mediator. You may contact Mike directly at email@example.com and at (651) 633-5311. Mike has written 12 books (and co-authored two others) including his latest book, The Collaboration Effect: Overcoming Your Conflicts, and The Servant Manager, Business Valuations and the IRS, and Peaceful Resolutions that you may find helpful. [Michael Gregory, ASA, CVA, NSA, MBA, Qualified Mediator with the Minnesota Supreme Court]