What is Mediation?
Mediation is when the parties in a dispute sit down with an impartial party who is trained in conflict resolution to settle their case. Mediation is designed to be a win/win situation where both parties are invested in the outcome of their case and can be heard as well as listen to the other side's point of view. Mediation is a totally confidential process. The mediator cannot be summoned into court to testify and things discussed in the mediation process cannot be used in court. After meeting with the mediator you will either have an agreement, a partial agreement or no agreement... all of which are OK and helpful in court proceedings since it is usually a requirement to mediate and try to resolve your dispute without costly court measures. Once the mediation is over, the mediator will draft a memorandum of understanding. This only becomes a legal agreement when signed by both parties and filed with the court. Mediation is very successful when both parties come to the table with the earnest effort of resolving their conflict. It is cost saving and proven to have a better outcome than court proceedings, since the parties have both invested time and effort in the resolution.
Mediation instead of litigation
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