Mediation offers a path forward, if negotiations have led to an impasse.
Basic characteristics of mediation session
The disputing parties sit down with a neutral mediator.All sides must agree to utilization of a mediation session. The 2 sides split the cost of a mediator.The session leads to a settlement, if both sides agree on the terms of a proposed solution. In the future, the opposing party cannot use anything that was said by those that were representing the other side.
The mediator’s role
• The mediator does not make any decisions.
• The mediator does not offer any opinions.
• Mediators can encourage changes to either side’s position, during the concluding portion of the session’s structure.
The structure of a mediation session
Personal injury lawyer in Richmond Hill knows that each side speaks with neutral party/mediator in the presence of the opposing party.Each side speaks directly to other party. The mediator’s guidance facilitates this portion of the process.
Each side has meets separately with the neutral party. This is the time when mediators have an opportunity to changes in either side’s position. Ideally, the mediator’s suggestions help the disputing parties to reach a compromise.
Why give serious consideration to a mediated settlement?
The session that leads to such a settlement seldom takes more than a day or two. Litigation does not end the dispute until either the conclusion of a trial, or agreement on a pre-verdict settlement.
In an urban area, there might be multiple sources that could furnish the 2 parties with a mediator.
—Mediation center
—Full time mediators
—Independent mediators
—Volunteers for the mediator’s role
Most claimants leave any session that has been carried out in a mediator’s presence feeling satisfied with the results. Both sides derive some benefit from their willingness to take part that alternative to the usual means for resolution of a dispute.
The mediator’s input could allow for introduction of a compromise that neither side had considered, up until the time when it was suggested. Hence, the disputing sides are more apt to overcome any impasse that might have developed during the negotiations.
That impasse had prevented arrival at a settlement. In other words, a mediator’s guidance tends to increase chances for the achievement of a means for resolving a frustrating argument, and for settling whatever issue had contributed to creation of problems. Hence, no one is a winner or a loser.
Reasons to hesitate about proposing a mediated settlement
Outside of an urban area, it could prove difficult to find a mediator’s price that matched with the resources of both parties. The insurance adjuster does not always agree to cooperate with such a proposal. An adjuster is at a disadvantage, when face-to-face with a claimant.