Choosing mediation to settle a dispute or controversy allows you to avoid the expenses and time involved in taking your case to court. A certified mediator assures your mediation is handled fairly, is decided with an impartial view, and resolves the matter without the risk of the judge making an unexpected decision.
Craig Vigodsky is now a certified mediator and can help resolve your disputes!
Perks of Choosing Mediation
Electing to settle disputes in mediation requires the services of a certified mediator like Craig Vigodsky. This essential role provides parties on both sides of the dispute with a variety of perks. Of course, not every legal dispute can be settled in mediation. However, for situations where mediation is a viable option, consider these benefits:
- The ability to talk to someone who is impartial
- The parties involved in the dispute are the decision makers, not a judge or jury
- Offers more flexible solutions to your dispute
- Saves you significant time and money on court fees
- Confidential, in comparison to a contested trial with a public record
Preparing for Your Mediation
To prepare for mediation, follow these tips to help ensure a mutually agreeable outcome.
Obtain Legal Advice
Certified mediators must remain impartial at all times to ensure disputes are resolved in a fair manner. To maintain this impartiality, they may not give legal advice to either party during the mediation. Instead, the parties may each retain their own attorney for legal advice. If you have not already sought out an attorney, it is a good idea to retain one before your mediation
Your attorney can help you answer any legal questions you may have before entering into mediation. Explaining your situation and the details of your dispute with an attorney will also help you make an informed decision about settling your case.
Stay Focused on Important Issues and Goals
Writing down all the issues you want to address before your mediation will help you stay focused. While listing these issues, rank them in order of most importance to least importance. Conducting this analysis can help you determine what issues you need to dispute, where you can compromise, and what goals are most important to you. Remember, it’s important to stay flexible and set realistic goals.
Get Organized and Prepared
One of the best ways to enhance the efficiency and productivity of your mediation is to ensure you arrive prepared and stay organized. Collect all the information you have in regard to your dispute, and be aware of all security regulations before your meeting!
Make Child Care Arrangements
Mediation centers often do not have the appropriate amenities or personnel to care for children. In fact, most facilities prohibit children from attending mediation. Before your appointment, be sure to make adequate child care arrangements so you can put your focus solely on resolving the issues at hand.
What Happens During the Mediation?
When you attend your mediation, each party has the chance to describe their concerns and address any issues. The mediator initially meets with the parties simultaneously to explain the rules and the process of mediation.
However, the mediator often meets with each party individually which is referred to as a caucus. During a caucus, the mediator may or may not share information that is discussed separately with each party unless they are given explicit permission.
How is the Mediation Concluded?
The mediation has the possibility of ending in three different ways:
The first possibility is that the parties reach an agreement on some or all of the issues that are addressed. In this case, all of the parties must then sign an agreement outlining the resolution.
The second possibility is the mediator declares an impasse. An impasse occurs when the parties are unable to reach a mutually agreeable resolution. If the mediator declares impasse on some or all of the issues, the parties must go to court for a judge to decide the outcome.
The final possible way mediation ends is adjourning for the day. The mediator will then schedule a future session to continue the mediation. The decision to proceed with this option requires consent from both parties.
Contact Craig Vigodsky!
Craig Vigodsky is now a certified mediator with Mediations Plus at 118 West Cervantes St. in Pensacola, Florida. Contact us today, so we can get down to the brass tacks of your dispute and come to a fair resolution!