about mediation: a mediator is an impartial third party whose role is to guide the parties in conflict towards a mutually acceptable settlement. a mediator does not impose a decision or attempt to judge the case at hand. the mediator's skills help the parties in conflict to move away from trying to demonstrate that they are "right" to working out how they can resolve the problem they are facing. the mediator helps to achieve a settlement by focusing on what is to be done rather than on who may be at fault. mediation is a conflict resolution tool that goes to the causes and roots of conflicts and that brings the emotions and interests into the sphere of conflict settlement. the mediator assists the two parties in order for them to take their respective decisions to the specific case at hand
what is mediation?
mediation is a private, confidential, and cooperative process in which an impartial person helps individuals or entities in conflict resolve and settle their differences mediation is practical, relatively informal, and unencumbered by courtroom procedures or legal technicalities. in most cases, mediation is significantly less expensive than litigation mediation empowers the parties to retain control of the critical decisions that affect their personal, financial, and business interests
mediation is an effective and positive alternative to emotionally and financially debilitating courtroom battles. although litigation is sometimes required, mediation is an alternative that should be considered when any dispute arises
how mediation works
all parties meet personally with the mediator in joint and/or separate sessions relevant information and documentation is exchanged the mediator does not impose or compel a settlement or a particular result but rather empowers the parties to determine their own outcome the mediator encourages and facilitates dialogue, provides guidance, helps the parties clarify their needs and interests, provides guidance and assists parties in understanding their differences and works towards a mutually acceptable and binding resolution a written memorandum is prepared when appropriate
what type of disputes can be mediated?
civil litigation
contractual disputes
insurance claims
personal injury
property damage
business and professional
internal disputes
partnerships
employer/employee
dissolution and buy outs
real estate
commercial leases
non-disclosure
boundary disputes
neighbor disputes
probate & will contests
pre-marital agreements
divorce and separation
child support agreements
spousal support agreements
determining, valuing, and dividing marital property
possession and/or disposition of the family residence
custody
parenting plans
visitation agreements
changes to prior agreements
compliance with prior agreements
compliance with court orders
advantages of mediation
inexpensive
typically, a small fraction of the cost of litigation
quick
resolution can be reached in less time than required for litigation
reduces anxiety
allows parties to retain control
separates the parties from the problem
shifts the focus of the dispute from rights to interest
reasonable
avoids damage to important, ongoing relationships, which often results from the adversary process
flexible
custom procedures and creative settlement options are available
informal, voluntary exploration of settlement options is encouraged
can be utilized at any time -- before, during, or after litigation
scheduling is designed for the parties' convenience, not the court's
confidential
avoids public disclosure of private matters - everything said or disclosed in mediation is confidential
successful
most mediated cases are successfully resolved to the mutual satisfaction of all parties
proconsensus offers a range of mediation and alternative dispute resolution services, all tailor-made and equally effective to reach a sustainable agreement in all relevant matters and disputes. its services are suitable for businesses (e.g. internal/external communication, management change, remote management, coaching), as well as for the domestic sector, including family law, international child custody, employment and workplace disputes, international relations, intercultural mission advisory, and intercultural training.
proconsensus provides a series of conflict resolution tools, which, as a system, is named "hybrid conflict management system" (HCMS), focused on resolving asymmetrical contextual conflicts
proconsensus services include:
face-to-face mediation
e-mediation
intercultural coaching
intercultural conflict mediation
intercultural training
arbitration
negotiation
facilitation
crisis communication
intercultural mission advisory
conflict management advisory
early neutral evaluation
please feel free to contact proconsensus for further inquiries
for german audiences, please read about mediation by clicking here