What civil mediation is
When people have a dispute over issues in a civil matter, mediation can help. Although it may appear that in most civil cases, the parties are suing for money, many times there are other underlying issues that are fueling the parties’ positions. Mediation provides an impartial mediator to create a safe environment for the parties to discuss the issues and reasons for the parties’ positions should the parties feel comfortable in doing so.
Civil disputes that can be mediated
Just about any type of civil case or issue may be resolved by mediation. Also, mediation is available at any time, even before a suit has been filed. The only requirement is that each party agrees to participate in the mediation process. Telephone mediation is also available should it be difficult to arrange an in-person session due to parties’ geographical locations.
- Business disputes
- Inheritance disputes and will contests
- Partnership disputes
- Neighbor disputes
- Real estate disputes
Why civil mediation is good for business
Many people are aware of mediation in the Family Court; however, mediation is not just for families! Most business disputes can be successfully mediated. Here are the top reasons mediation is good for business:
Mediation is Efficient
Whereas business litigation is time consuming, expensive, and emotionally draining, mediation is the opposite. Mediation is an effective, less costly, faster alternative to litigation in business disputes. Mediation bypasses court fees and associated costs. Additionally, mediation can take place when the parties choose to move forward rather than based on the court’s schedule.
Mediation is a flexible process at every level. The parties voluntarily choose mediation, when the meetings will take place, and what agreement can be made. This often allows for creative, useful, and real-world solutions. Significantly, the resolution is frequently more satisfying and effective because it was crafted by the parties.
What happens at mediation stays at mediation. Mediation is confidential and governed by statutes and court rules that protect confidentiality. Mediation discussion are generally not admissible in any court proceeding.
The parties determine the outcome of the mediation rather than a judge determining a “winner.” Each party has complete decision-making power. Using mediation, both parties can find common ground and develop an agreement that could potentially provide mutual benefits.
Preservation of Business Relationships
Mediation can often result in the preservation of a valued business relationship. Mediation is process designed to facilitate mutual problem solving through respectful and active listening and communication. The parties often leave mediation with clarity and improved understanding of the other party.
We’re here to help
The Upstate Mediation Center provides a safe setting for all parties to meet in person to communicate their needs and interests while focusing on creating a resolution that incorporates fairness, and takes into account the interest of all parties.
Schedule an appointment, or ask a question
Start the process of getting the mediation you need with Upstate Mediation Center. We’re here to help, so just send us details about your case so we can help you set up a mediation appointment. And if you have any questions about our mediation process, make sure to let us know.