What it is: Mediation is a process that allows disputing parties to meet in a private setting and confidentially work out a solution to their mutual problem. A neutral, trained mediator guides the session by facilitating the conversation to ensure that each party brings their issues and ideas to the table. The playing field is level and balanced; both parties have an equal say in the discussion and the outcome. The parties are also the decision-makers, not the mediator.
A settlement is reached only if both parties mutually agree with it – no one will impose a decision. Should the parties resolve their dispute during the mediation session, the mediator can write up the terms of the settlement into a binding, enforceable agreement. And unlike a courtroom, the mediation session is non-threatening, informal and confidential. Not surprisingly, when people are given the opportunity to work out their differences in a creative, constructive manner, the success rate is substantial: more than 80% of mediations end in a workable agreement.
Mediation is Confidential:
The parties speak candidly and directly to each other about the issues that concern them without the proceedings being a matter of public record. A confidentiality agreement is signed by all parties before mediation begins.
Mediation is Proactive:
Mediation focuses on what the issues are now, how they can be resolved, and what can be done to avoid similar problems in the future. In court or arbitration, the focus is on who is at fault.
Mediation is Creative:
Mediation can be used to discuss any issues parties bring to the table, allowing for individualized and creative solutions. In court, only legal matters are part of the discussion.
Mediation provides Participant Controlled Outcomes:
In the mediation process, the people involved in the situation are the ones who create an agreement that works for them. Particularly in disputes where parties will be interacting with one another in the future, mediation can help build a win/win framework based on mutual interests. In arbitration or in court, an agreement is imposed by an arbitrator or judge.
Legal Action is still an option
85% of disputes brought to mediation reach an agreement, making legal action unnecessary. However, if mediation does not resolve the issue, or if the issue is not appropriate for mediation, the parties are free to pursue all other legal remedies, such as suing in court.
Mediation is often used for disputes involving businesses; partnerships; customers; employees; family members; neighbors; school administrators; landlord-tenants; family estates; contracted services; divorce, custody or parenting time issues; debt collection.
CRS Mediation Is:
- Cost-effective
- Quick and easy
- Private and confidential
- Party-driven
CRS Mediation Does Not:
- Require you to file a law suit
- Impose a decision on you
- Require an attorney to represent you
- Deny you any rights in future legal proceedings
- Cost you valuable time and money like a lengthy court battle
If you are interested in proceeding, please fill out the Request for Mediation Form and mail the completed form with a check to:
Conflict Resolution Services
2240 S. Airport Rd., West, Unit D
Traverse City, MI 49684