Judy is pleased to offer mediation
as one of the many services provided in her office.
She became a Certified Mediator because she so strongly
believes in the potential power of mutual agreements.
Mediation is hard work for all of the parties, yet provides
a viable and economic alternative to court proceedings.
As a mediator, her role is to do anything and everything
necessary to assist parties in communicating their respective
viewpoints, listening to each other, offering the opportunity
to peacefully express conflict and to "hear each
other out" even when an agreement is not reached.
With emphasis on quick availability and
moderate costs, Judy strives to offer superior service
within the context of a fair and ethical process.
Q: What is mediation?
A: Mediation is a process of dispute resolution
in which one or more impartial third parties intervenes
in a conflict with the consent of the disputants and
assists them in negotiating a consensual and informed
agreement. In mediation, the decision-making authority
rests with the parties themselves. Recognizing variations
in styles and cultural differences, the role of the
mediator(s) involves assisting the disputants in defining
and clarifying issues, reducing obstacles to communication,
exploring possible solutions, and reaching a mutually
satisfactory agreement. Mediation is:
Voluntary
You can end the process at any time for any reason, or no reason. If you are thinking of leaving, you are encouraged you to speak up and let the mediator know why. The reasons that you are thinking of leaving can become conditions for your continued participation. For example, if you are thinking of leaving because you do not feel heard, presumably you would continue in mediation if you felt heard.
Collaborative
You are encouraged to work together to
solve your problem(s) and to reach what you perceive
to be your fairest and most constructive agreement.
Controlled
You have complete decision-making power.
Each of you has a veto over each and every provision
of any mediated agreement. Nothing can or will be imposed
on you.
Confidential
Mediation is confidential, to the extent
you desire, be that by statute, contract, rules of evidence
or privilege. Mediation discussions and all materials
developed for a mediation are not admissible in any
subsequent court or contested proceedings. The finalized
and signed mediated agreement belongs to the parties,
may be submitted to a court of law and may be legally
binding in some circumstances. The mediator cannot,
under any circumstances, be asked to testify for or
against you in court proceedings.
Informed
The mediation process offers a full opportunity
to obtain and incorporate legal and other expert information
and advice. Individual or mutual experts can be retained.
Expert advice is never determinative in mediation. You,
as parties, always retain decision-making power. Mediators
are bound to encourage parties to obtain legal counsel
and to have any mediated agreement involving legal issues
reviewed by independent legal counsel prior to signing.
Whether legal advice is sought is, ultimately, a decision
of each participant.
Impartial, Neutral, Balanced and Safe
The mediator has an equal and balanced
responsibility to assist each mediating party and cannot
favor the interests of any one party over another, nor
should the mediator favor a particular result in the
mediation. The mediator's role is to ensure that parties
reach agreements in a voluntarily and informed manner,
and not as a result of coercion or intimidation. If
you ever feel that the mediator is favoring one party
over another, or any particular result over another,
or if you should ever feel intimidated or otherwise
unsafe in mediation, speak up. The mediation should
not continue unless you are or come to be satisfied
in all of these regards.
Self-Responsible and Satisfying
Based upon having actively resolved your
own conflict, participant satisfaction, self-esteem
and the likelihood of compliance are found by research
to be elevated through mediation.
Q: What kinds of cases or issues
can be mediated?
A: Most issues that are the subject of a dispute
can be mediated. Examples include neighborhood issues
such as barking dogs or unacceptable behavior such as
loud noise or disorderly conduct, custody or child issues,
workplace issues, small claims issues and financial
issues.
Q: What Are the Benefits of Mediation?
A: People in disputes who are considering
using mediation as a way to resolve their differences
often want to know what the process offers. While mediation
can not guarantee specific results, there are trends
that are characteristic of mediation. Below is a list
of some of the benefits of mediation, broadly considered.
Mediation generally produces or promotes:
Economical Decisions
Mediation is generally less expensive when
contrasted to the expense of litigation or other forms
of dispute resolution.
Rapid Settlements
In an era when it may take as long as a
year to get a court date, and multiple years if a case
is appealed, the mediation alternative often provides
a more timely way of resolving disputes. When parties
want to get on with business or their lives, mediation
may be desirable as a means of producing rapid results.
Mutually Satisfactory Outcomes
Parties are generally more satisfied with
solutions that have been mutually agreed upon, as opposed
to solutions that are imposed by a third party decision-maker.
High Rate of Compliance
Parties who have reached their own agreement
in mediation are also generally more likely to follow
through and comply with its terms than those whose resolution
has been imposed by a third party decision-maker.
Comprehensive and Customized Agreements
Mediated settlements are able to address
both legal and extralegal issues. Mediated agreements
often cover procedural and psychological issues that
are not necessarily susceptible to legal determination.
The parties can tailor their settlement to their particular
situation.
Greater Degree of Control and Predictability of Outcome
Parties who negotiate their own settlements
have more control over the outcome of their dispute.
Gains and losses are more predictable in a mediated
settlement than they would be if a case is arbitrated
or adjudicated.
Personal Empowerment
People who negotiate their own settlements
often feel more powerful than those who use surrogate
advocates, such as lawyers, to represent them. Mediation
negotiations can provide a forum for learning about
and exercising personal power or influence.
Preservation of an Ongoing Relationship or Termination
of a Relationship in a More Amicable Way
Many disputes occur in the context of relationships
that will continue over future years. A mediated settlement
that addresses all parties' interests can often preserve
a working relationship in ways that would not be possible
in a win/lose decision-making procedure. Mediation can
also make the termination of a relationship more amicable.
Workable and Implementable Decisions
Parties who mediate their differences are
able to attend to the fine details of implementation.
Negotiated or mediated agreements can include specially
tailored procedures for how the decisions will be carried
out. This fact often enhances the likelihood that parties
will actually comply with the terms of the settlement.
Agreements that are Better than Simple Compromises
or Win/Lose Outcomes
Interest-based mediated negotiations can
result in settlements that are more satisfactory to
all parties than simple compromise decisions.
Decisions that Hold Up Over Time
Mediated settlements tend to hold up over
time, and if a later dispute results, the parties are
more likely to utilize a cooperative forum of problem-solving
to resolve their differences than to pursue an adversarial
approach.