Types of Mediation Services
What is mediation?
Mediation– When a trained unbiased party assists persons in developing a solution to their dispute. Mediation designate processes for bringing about agreement or reconciliation between opponents in a dispute. Mediation implies deliberation that results in solutions that may or may not be accepted by the contending parties.
- Mediation may be thought of as “assisted negotiation”.
- Negotiation may be thought of as “communications for agreement”.
- Hence, mediation is “assisted communications for agreement”.
Central to mediation is the concept of “informed consent”. So long as participants understand the nature of a contemplated mediation process and effectively consent to participate in the described process, virtually any mediation process is possible and appropriate.
The beauty of mediation is that can be used in your personal and professional life. Mediation can be used to negotiate with 2 or more people. When parties come to the table with an open mind as well as what they are willing to live with and live without; creative workable and real life solutions are crafted.
Mediation is OPN-Door Communications’ premiere service and we would be happy to provide you with guidance as to how this service maybe be used to assist you in resolving your concerns.
Key Qualities of the Mediation Process
You can leave at any time for any reason, or no reason.
As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements.
Each participant has complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
Mediation is generally confidential, as you desire and agree, be that by statute, contract, rules of evidence and/or privilege. Mediation discussions and all materials developed for a mediation are generally not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe the extent of mediation confidentiality and exceptions to that confidentiality. The extent of confidentiality for any “caucus meetings” (meetings between the mediator and individual parties) should also be defined.
The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The participants always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to advise them 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 mediation participant.
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. Your mediator is ethically obligated to acknowledge any substantive bias on issues in discussion. 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.
Based upon having actively participated in voluntarily resolving issues, participant satisfaction and the likelihood of compliance are found to be elevated through mediation compared to court options.
Types of Mediation Services Available:
- Family Mediation Services
- Custody, Visitation, and Child Support
- Separation Mediation
- Soft Skills Catalogue
- Click here for services that OPN-door Communications offers Public and Private Organizations
Conflict Coaching
Conflict Coaching- When a trained coach utilizes skills and strategies to support a person’s ability to engage in, manage, or productively resolve conflict.
Why chose conflict coaching? It is empowering. The coaches can talk about the conflict with a neutral third party, consider options and design an approach to discuss conflict with the opposing party.
What is Alternative Dispute Resolution?
Alternative Dispute Resolution is any method of resolving disputes other than by litigation. Abbreviated as ADR. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. Arbitration and mediation are the two major forms of ADR.
Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.
While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.
OPN-Door Communication premier service is Mediation.
