Mediation INFO

Mediation is a process provided by a neutral third party to assist two or more parties to resolve their dispute. Parties to a mediation meet privately with the mediator to resolve their dispute on their own terms, rather than a judge or arbitrator making a decision after hearing evidence. Mediation is a non-binding form of dispute resolution that works well for minor disputes.

Key Qualities of the Mediation Process:

  • Voluntary - You can leave at any time for any reason, or no reason.
  • Collaborative - You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your best agreement.
  • Controlled - You have complete decision-making power. Nothing can be imposed on you.
  • Confidential - Mediation is confidential, to the extent you desire and agree. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement.
  • Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Expert advice is never determinative in mediation. The parties always retain decision-making power.
  • Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another. The mediator's role is to ensure that parties reach agreements in a voluntarily manner, and not as a result of coercion or intimidation.

Benefits of Mediation:

  • Economical Decisions - Mediation is generally less expensive when contrasted to the expense of litigation or other forms of fighting.
  • Rapid Settlements - In an era when it may take as long as a year to get a court date, and multiple years if a case is appealed, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results.
  • Mutually Satisfactory Outcomes - Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.
  • High Rate of Compliance - Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a court.
  • Greater Degree of Control and Predictability of Outcome - Parties who negotiate their own settlements have more control over the outcome of their dispute.
  • Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way - A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure.
  • Agreements that are Better than Simple Compromises or Win/Lose Outcomes - Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions.

Testimonials:

GOOD JOB
"I have never had an experience where both parties walked away with a real win-win and then go to lunch afterwards. I will definitely use your services again." Phito Moleus, Esq.

CONFIDENT
"Judy has a natural ease and confidence in the role of a mediator – superb communication skills." Client

AT EASE
"I came to mediation full of trepidation and fear. From the first phone call, Judy put me at ease. This really helped to alleviate my anxiety." Client

New England Mediation & Legal Services LLC
202 Main Street, Suite 103
Salem, New Hampshire 03079

TOLL FREE: 1.888.870.0866
LOCAL: 603.870.9790 603.870.9799 fax
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