Mediation is a form of Alternative Dispute
Resolution (ADR) which is an alternative to the traditional
litigation process. Mediation is an informal, non-court,
process wherein a neutral, third person assists the
opposing parties to reach a voluntary, negotiated resolution.
Mediation gives the parties the opportunity
to discuss the issues that differ between them, clear
up any misunderstandings, determine the underlying
interests or concerns, find areas of agreement, and
to incorporate those areas of agreements into resolutions.
A mediator does not resolve the charge
or impose a decision on the parties. Instead, the mediator
helps the parties to agree on a mutually acceptable
resolution.
Advantages of Mediation include:
- It is Fair and Neutral – Parties
have an equal say in the process and decide settlement
terms, not the mediator.
- It Saves Time and Money – Mediation can avoid
lengthy and costly court battles. Mediation costs
less than a lawsuit and avoids the uncertainty of
judicial outcome. Legal or other representation is
optional but not required.
- It is Confidential – All parties sign a confidentiality
agreement. Information disclosed during mediation
will not be revealed to anyone.
- It Improves Communication – Mediation provides
a neutral and confidential setting where both parties
can openly discuss their views on the underlying
dispute. Enhanced communication can lead to mutually
satisfactory resolutions.
Victoria Collier is a licensed
mediator. The primary areas of mediation Victoria
orchestrates include: guardianship issues; residential
issues for elderly; family disputes regarding appropriate
health care or financial decisions, and estate litigation.
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