The Power of Mediation

Mediation is a process for dispute resolution that fosters mutual understanding and cooperative problem solving. With an increasingly complex economic environment and an overburdened New York State court system, those involved in a dispute are turning to mediation as a more effective and lasting form of conflict resolution.

Mediation is more affordable and efficient than litigation; whereas litigation demands ever-soaring attorney fees and is held up by courtroom delays, mediation does away with these costly and time-consuming burdens. Instead, parties are brought together in an environment where they are empowered to understand their conflict more deeply and forge their own solutions.

An effective mediator serves as an impartial intermediary to the involved parties. He or she is instrumental in helping the parties identify the root of their disagreement and elicit potential solutions from them. An experienced mediator is able to handle all types of disputes, whether it’s a matrimonial matter, an estate proceeding, an employment disagreement, or a corporate dissolution. The mediator does not speak on behalf of the parties; he or she helps them to find their own voices.

The parties in mediation are fully-involved in their process, and meet together over the course of several sessions with an unbiased mediator. The mediator facilitates the conversations which assist the parties to identify their issues, develop their options, and ultimately arrive at a resolution that is fully-satisfying to them.

Parties involved in mediation are less likely to require future litigation, because they have been involved in the decision-making process at every step and have taken ownership of the outcome. If the parties reach an agreement, the mediator will draft a contract that is legally binding. Post-mediation, the parties involved have a higher-likelihood of maintaining a positive relationship with mutual respect, and are almost always satisfied with the process and its outcome.

Mediation gives parties a voice that they wouldn’t otherwise have in traditional litigation. In litigation, the underlying motivations of the parties aren’t fully represented, as they’re always expressed through the filter of an attorney. By contrast, in mediation, an individual’s direct input isn’t just important– it’s fundamental to the entire process!