Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser - in fees, expenses and wasted time.
Abraham Lincoln

The advantages of mediation

Mediation is a problem-solving process that is creative, constructive, and confidential. It is a sensible alternative to litigation and other forms of prolonged, win-lose battles.

In mediation, you are in control of the outcome at all times. You may choose to make an agreement or not, however you see fit.

When you have cooperated in creating a fair, workable agreement, you are more likely to feel good about the solution and remain committed to it--an advantage when you want to preserve important personal or professional relationships.

During mediation sessions, you have the opportunity to learn valuable communication and negotiation skills that can be useful to you in resolving future conflicts.

Mediation is confidential. There is no public record of the process.

Mediation is less costly and more efficient than litigation.

Mediation is a constructive process

With my assistance, you and the other persons involved in the conflict come together to identify your different needs, define the issues, discover your best alternatives, and negotiate a resolution that is workable and fair for all.

You and the others involved in the conflict sit down together with me in a confidential setting. Each of you talks about how you see the problem, while I support the discussion so that everyone can be heard in an atmosphere of respect. During this process, there is an opportunity for each of you to become clearer about your own concerns and to acknowledge each other’s point of view.

As the issues are identified, they are addressed in turn, and each of you proposes your ideas for how the conflict can be resolved. You test each idea for workability and continue to develop and explore options until you are able to agree on those that best resolve the conflict for everyone involved.

Once you’ve reached a resolution, you may wish me to draft a memorandum setting out the terms of the agreement. If you want the document to be legally binding, you may file it with the appropriate court as a legal contract. In cases that require court involvement, such as a divorce, you will usually benefit from the advice of an attorney. In choosing an attorney, it is important to have someone who understands and supports the mediation process.