What is Mediation?
Mediation is a process where a neutral third party helps the parties involved in a dispute/conflict to voluntarily reach a mutually acceptable settlement. Jim Kuykendall is well versed in the different aspects and approaches to mediation, and can help facilitate discussion and issue resolution between the parties.
Mediation is generally based on the same principles that apply in arbitration.
- Mutual Respect
Why is Mediation Important?
Mediation is an effective way to resolve disputes. It is an alternative to judicial or third party determination. Mediation gives the participants a safe environment where they can give their side of the issue, listen to the others, and everyone gain an understanding. In nearly every case, entering into a mediation process will mitigate issues that might otherwise become major roadblocks. Not every argument will require professional mediation, but every argument typically requires a solution that is acceptable by the involved parties and sometimes, we have trouble getting to that point. If parties are deadlocked on an issue that has them at a standstill, it is probably time to try mediation. If litigation seems imminent it is definitely time to mediate. If you think you have an issue that would benefit from mediation determine if the other party will agree to mediate, find a mediator you both agree on, and schedule mediation.
Why is Mediation a valid way to handle a dispute?
As an alternative to judicial or third party determination – such as arbitration, mediation is an effective way to resolve disagreements. Mediation provides the participants a safe environment where they can give their side of the issue, listen to the others, where everyone gains a more complete understanding. Through the mediation process, parties determine what concerns are important and work towards a mutually agreeable outcome.
The Mediation process
- Mediation is much less expensive than going to court.
- Mediation is faster than then the court system.
- The mediation process is completely confidential.
- A judge or jury does not decide the outcome.
- The Mediator is a neutral third party.
- The Mediator will not take sides.
- Mediation focuses on the future by resolving issues in the present.
- Mediation can help relationships.
- Each party's positions/issues will be heard, discussed, and understood.
- All parties are empowered to make decisions for themselves to resolve the issues.
- Most parties who enter into voluntary agreements through mediation are more likely to keep the agreements than they would a judicially imposed resolution.
- A mediator can assist the parties in a private caucus with the opportunity to do a reality check on proposals. They will ask hard questions of you.
- Everyone wins and negative outcomes are avoided resulting in a win-win situation.
Where is the Mediation Held?
Jim Kuykendall is open to conducting mediation session at most any quiet location where the parties can speak in privacy and without interruption. It is not uncommon for these sessions to be held in attorneys’ offices or other official type locations. Jim Kuykendall and Associates has access to several secure locations which they use, and are happy to make special arrangements to meet the specific needs of the parties. Restaurants and other usually noisy public spaces where people gather are not helpful locations and are typically avoided meeting sites.
What You Can Expect By Agreeing to Mediate:
Since the Mediator is a neutral third party that will not take sides, rest assured that your concerns will be heard. Your position will be communicated, discussed, and understood. The Mediator will help you through the process by asking questions in an attempt to expose the root cause for the disagreement. The Mediator will work with the parties to keep the conversation on track as they work through resolving the issues and concerns for the disagreement.
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