Ed Post - Mediation Retired from the bench after 26 years, now an attorney with Varnum Law. Conflict is as old as human kind, and it is not unique to human beings. One way to resolve conflict is through open aggression (might makes right), which is the least preferred method. Another method is to access our court system, but that can also be very costly. Another factor with litigation is that when you go through formal litigation, all of your private information becomes public. A preferred means of resolving conflicts in our society is alternative dispute resolution, and one such method is Mediation. Mediation is voluntary. Typical disputes resolved through mediation include divorce, human resources, schools and between neighbors. Types of mediation: - Facilitative
- Analytical
- Evaluative
- Directive
90% of lawsuits are settled before trial, and most are settled on the courthouse steps, or immediately before the trial starts. Mediation is entirely confidential, what happens in mediation stays in mediation, what is said cannot be used later in court. This encourages full and honest disclosure and sharing of needs. At the end of mediation, the mediator makes a report to the court that the case is either settled or it is not settled. 50% of cases are settled at the mediation session, another 25% are settled after the mediation but before a trial. If you want to control costs, reduce anxiety, speed things up and preserve relationships, consider mediation as a very viable alternative to litigation. |
