Elizabeth Karabatsos, Mediator

COST EFFECTIVE MEDIATION —YOUR PRACTICAL NEGOTIATION TOOL

TO RESOLVE CONFLICT

A recent U. S. Department of Justice study shows that 97 percent of general

civil cases (torts, contracts and real property) in the 75 largest counties are settled.  

A valid reason for this high percentage success rate (particularly in Arizona)   is

because justice court judges are now referring most small claims (up to $10,000)

cases to mediation which cover a multitude of issues.   There are many types of civil

litigation including small business disagreements, debt collection, employer-

employee differences, insurance claims, landlord-tenant property settlements and/or

disagreements as well as buyer-seller disputes.    

Whether in the home, workplace or elsewhere, unfortunately, conflict seems

to be a constant occurrence causing stress in our lives.   However, by investing your

time and talents to understand and utilize the mediation process, it is possible to

resolve conflict that is most often SUCCESSFUL.  

What Is Mediation?   In today's litigious society, mediation is an extension of

the negotiation process,   a highly-effective method of alternative dispute resolution

(ADR) and is a   voluntary process whereby two parties (disputants) agree to meet

with the help of a Mediator to explore settlement options.

What Is The Mediator's Role and How Can A Mediator Help Me ?  

The Mediator fulfills the role of a neutral facilitator and structures the process to

assist both parties in understanding   each other's concerns, explore available

options to resolve the dispute, and discuss the consequences (often painfully huge) of

failing to reach a settlement.  

What Are The Benefits?   The parties are directly engaged in two-way

communication and control the outcome.   Comments by recent participants include

the fact that they like the confidentiality of the system and find it to be less

expensive, more fair, faster, flexible, and much less stressful.   An important factor to

clients   is that it is easier to maintain their personal and/or professional

relationships as well as the settlements being more lasting than a decision made by

either an arbitrator or judge.   

How Does Mediation Work ?  Mediation is a simple five-step process:   

.   One -- Mediator sets up a meeting with the parties who have agreed to

mediate,   ground rules are established, and a Confidentiality Agreement is

signed by all participants.  

.   Two – Positions and major issues of the parties are identified (working

from the general to the more specific) followed by a mutual discussion of the

parties' real wants.  

.   Three -- Problem-solving stage begins and parties identify possible

solutions.   If an impasse occurs, the Mediator often meets with the parties

separately (referred to as a caucus) and will usually make suggestions for

consideration.

.   Four -- Dialogue commences whereby participants begin to put all the

pieces of the puzzle together to form a picture which will   solve the

problem/conflict.  

.   Five – Mutually Acceptable Agreement is prepared, finalized and signed by

parties.   A good agreement needs to pass the test of being timely,

specific, and achievable.   In most cases, this agreement can become a

contract enforceable by law should it become necessary.

When Can Medication Take Place?   Ideally, mediation can (and should)

take place before a lawsuit is filed; however, it can occur when the parties have filed

a lawsuit and/or during or immediately after a trial, providing the judge or jury

have not reached a decision.  

Will It Work For Me?   Yes, provided you and the other party are truly

motivated to find a solution to the problem, take a personal responsibility for the

decision-making   process, and exhibit a willingness to strive to reach a mutually-

acceptable agreement.   A plus at this stage is that the mediator will advise both

parties as to what/how they need to prepare for the initial mediation session.

Who Will Pay For The Mediation Sessions?   Mediation is not expensive, and,

in most instances, both parties will share equally the Mediator's fee which can range

from $150 an hour upward – much less than attorneys are billing these days!   After

the mediation is scheduled and the first session is held, both parties will be asked to

pay at least a portion of the fee for the first two-hour session. As an aside, often a

mediation will take no more than two or three hours – another advantage of

utilizing the mediation process to resolve conflict.

What If I Try Mediation And It Does Not Work ?  Parties do not lose their

right to pursue other means of dispute resolution which they think is appropriate

such as arbitration or litigation – both of which can be very expensive – so, try

Mediation FIRST – Your problems will be addressed economically, confidentially

and conveniently -- you will walk away happier and healthier! EK

*************************************