Unfortunately, disputes are simply part of the culture of the times. Historically, we have sought to resolve disputes through litigation, a system which encourages two parties to prepare and argue a case against one another. Often, this may be the least practical and most expensive method to resolve disputes. It tends to heighten existing tensions and generates emotional, physical and financial stress upon both parties in the case. Mediation is often a time-saving, money-saving and most importantly stress-saving alternative to the litigation process.
When faced with dispute, one’s gut reaction is to contact an attorney, prepare a plan and proceed to “battle” against another party. Collecting evidence, contacting witnesses and developing legal strategies will be required. If anything, this tends to exacerbate the problem and causes the development of a mindset that is quite different to the one you would have in order to successfully mediate a resolution of your dispute. For example, in litigation you rely heavily on the legal expertise of your attorney. Often you are concerned about how far the other party is going to take the matter. As a result, you spend time and money preparing pre-emptive counter measures. It all feeds into the “winner take all” adversarial atmosphere pervasive in litigation.
Mediation requires and provides just the opposite scenario. It is a collaborative, facilitative process. The conflict and argument of litigation is replaced with thoughtful discussion as you are guided through conversations by a trained professional. Rather than looking at the other party as an adversary, you can find common ground and look to your third-party neutral mediator to help you work through the more complex issues to better understand all aspects of the dispute and reach an amiable resolution.
Mediation does, however, require that you rely more on your own decision making ability, just as you do in day to day life. The” winner –loser mindset” must be abandoned since mediation, as a form of alternative dispute resolution, is focused on settlement. Both parties need to rely on their ability to be flexible, reasonable and practical. Indeed, you may often need to “rethink” your original position and expand the extent of the compromise required to end the dispute. This is done because, in the end, you’re likely to be happier that you have found an agreeable resolution for the dispute; that it’s over and you no longer have to expend tie money, attention or emotion on a dispute, which often, in the grand scheme of life is of less than great significance.
If you’re ready to move forward and find a solution more quickly in a more neutral atmosphere, mediation is likely the answer for which you have been searching. Seize that answer and let mediation help guide to you to a solution.
If you’re involved in a dispute, consult with Mr. Bert Binder of Affordable Dispute Resolution to learn how mediation can help. Based in Hackensack, New Jersey, Mr. Binder has handled different types of cases as a litigator and mediator. His goal is to help people reach fair & affordable resolutions over matters involving real estate, labor, real estate or probate disputes. Visit htt://www.affordabledisputeresolution.com or call 201-790-3553.
The article discusses how mediation frees disputing parties from their reliance on the judicial system for resolution. Instead, it empowers them to work together and develop solutions that are mutually agreed upon and satisfactory to all concerned.
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