Mediation is a voluntary settlement process in which a neutral third party or parties helps people or institutions in conflict make practical, informed decisions to resolve the issues facing them.
In mediation, an impartial mediator helps disputing parties to negotiate productively to resolve their differences whether or not they are in the middle of litigation. The mediator acts solely as a facilitator of the parties' negotiations—the mediator does not make decisions for the parties or pressure either side to settle.
Mediation is available in all areas of legal disputes, from neighbor disputes over a fence to the most complicated of contracts, from personal injury to employment. In recent years it has gained popularity as a non-confrontational way to resolve marital and family disputes.
Mediation has many advantages over litigation or negotiations on the courthouse steps. Mediation is usually much faster and less expensive. It is confidential thereby avoiding public exposure of personal problems and preventing any information or statements of a party from being used in court. It allows the individuals, and not the courts, to control decisions which affect their lives. Mediation preserves relationships where continued contact is necessary or desired such as between parents, family members, businesses, neighbors, employers and employees. It benefits third parties affected by the dispute (such as children) by reducing conflict; allows the parties to resolve a dispute with dignity (versus the public spectacle that some litigation can cause); encourages mutual understanding; and, sets a pattern and precedent for constructive negotiations and conflict resolution in the future.
The mediation process can be significantly less expensive and less painful for the parties than the protracted battles that are often a part of litigation. This is particularly true in neighbor disputes, in divorces or other family litigation. When children are involved, studies indicate divorce agreements mutually agreed upon by the mother and the father are usually far better for the children than those imposed by court order. The structured mediation process allows the parties to establish their own goals and, with help from the Mediator, design an agreement that most appropriately suits the needs of their particular situation.
Here, at Cohen & Lombardo, P.C. we have trained attorney mediators who can help you resolve your disputes no matter what area of law in a manner respectful to the interests of all parties.