Mediation & Alternative Dispute Resolution (ADR)
Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. It is often an alternative to the adversarial approach of a courtroom since it is a process, which allows parties to resolve their disputes outside of the traditional court process. Unlike hearings or trials, in mediation parties work together to identify solutions to problems.
The mediator, a trained neutral person, does not say who is right or wrong, and unless requested does not provide recommendations for resolving your dispute. Mediation can be quickly arranged, and frequently saves time and money compared to the traditional court process. Because mediation promotes cooperation, the emotional costs of resolving your dispute also may be reduced.
Mediation is often the first resort rather than the last resort. In mediation parties have the ability to craft their own agreements, make their own decisions, and maintain control over the process.
When all parties have a role in the decision-making, they take ownership of it and invest in the success of the decision. In Mediation, parties can develop creative solutions, which are geared to their specific needs.
Mediation is appropriate and works best when both parties:
- Do not use fear, force, threats, violence, or intimidation to get what they want
- Commit to respecting and listening to the other’s opinions and interests
- Feel free to openly and safely express needs and concerns
- Mediation is confidential
- You and the other party agree what information can be disclosed
- Mediation is a voluntary process unless court ordered
- Mediation can assist in settling disputes
- Parties do not give up their rights to go to Court
- Once a mediation agreement is in effect parties must comply with the agreement
- Information obtained in a mediation may not be used in litigation
- Mediators cannot be called to testify in parties proceedings
Benefits of Mediation
Compared to the traditional adversarial court process, mediation can be:
- Less time consuming
- Less expensive
- Allow you to express all your opinions about the issues and results you want in an informal setting
- Give you more control over the outcome of your dispute
- Lead to fewer court proceedings after a judgment or settlement has been reached or entered
- Be less emotionally stressful
- Provide a more fair outcome for both parties
- Divorce settlements
- Shared Parenting Arrangements
- Domestic Relations Agreements
- Property Dispositions
- Other Interpersonal Matters
At Iglesia Martell, we offer a vast range of mediation services for families and businesses including divorce and custody, post divorce adjustment, business dissolution, and civil and employment matters. Contact us today for more information.