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Mediation

Overview

Mediation is a type of alternate dispute resolution (ADR) where the party’s to a dispute meet with a neutral third party (The Mediator) who guides the party’s through the process towards a negotiated settlement of a dispute.

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Anyone with a dispute that needs to be resolved quickly, confidentially and cost effectively.

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Why Do You Need Mediation?

Because mediation is quicker than litigation and allows the party’s themselves to control the process it has distinct advantages over litigation.

Mediation is also a very private process, most States have a mediation privilege providing that matters and materials disclosed in mediation are protected from use in litigation and statements to mediators are privileged. Since this is not a public forum (like the court system) there are no public documents or access to the proceedings. This makes mediation particularly suitable to high profile disputes with media sensitive aspects.


Litigation Trends

Unfortunately, litigation filings are up across the board and there is no end in sight. High legal fees and costs as well as the long delays and unpredictability of the outcome inherent in the litigation process are also increasing.

Litigation judgment amounts are continuing to rise and there seem to be no end in site.


Mediation Trends

In counterpoint to the litigation trend, we have seen a great rise in the use of mediation worldwide. With increased globalization of commerce, mediation is a popular alternative to one side submitting to the legal system of the other and surrendering control to a foreign attorney.

We predict that this trend will continue and the use of mediation will remain a popular alternative to litigation for the future.


Mediation vs. Litigation

Litigation is the random, time consuming, money pit that has been the last resort of dispute resolution for hundreds of years. Fortunately ADR has developed as a cost effective alternative.

Since mediation is one of the main tools in the ADR field, it is inherently cheaper, faster, more predictable, more inclusive and infinitely more private than litigation could ever possibly be.


Mediation vs. Negotiation

Mediation and negotiation are similar.

The fundamental difference is the assistance of a neutral third party that both sides can have trust in and will be able to rely upon i.e. the mediator.

The mediator guides each party in their approach to a negotiated settlement by facilitating the open exchange of information and consideration of alternate possibilities and contingencies which affect each party’s negotiating stance. Mediators are also good in helping disputants to prioritize and quantify their true goals and needs, something that is often not possible in the usual winner take all negotiations common today.


Mediation vs. Arbitration

The primary difference between mediation and arbitration is who renders the resolution.

In Arbitration the arbitrator decides the matter and it is usually final and both sides must deal with whatever decision is handed down.

In mediation the party’s themselves are the ones who mutually arrive at the resolution, so there is no surprise and it is all agreeable.

Arbitrations are more like judicial proceedings in their process and style, whereas mediation is an infinitely flexible process- adaptable to any set of circumstances and participants.


Mediation Goals

The goal of mediation is the resolution of the dispute by the mutual agreement of the party’s to the dispute.

Because the party’s are directly involved in the process and the resolution is the result of their agreement mediation is one of the dispute resolution procedures with the highest satisfaction rates.


Benefits of Mediation:

Speed
With litigation taking from 1 to 10 years mediation offers dramatically increased speed. Even the most complex mediations are usually concluded within a maximum of a few months. The increased speed of resolution means reduced expenses and allows the party’s to minimize the disruption to their affairs.

Privacy
Mediation is a completely private process. There are no public filings/records. The public has no access to any of the proceedings. Mediation also allows for the complete confidentiality of the whole process by enforceable agreements and state laws.

This makes mediation particularly suitable for disputes with sensitive aspects or high profile party’s.


Confidence
Because the party’s are active participants in the process and the final resolution is the result of mutual agreement there is a high confidence factor in the justness of the result. By contrast, most participants in the judicial process have almost no confidence in the fairness of the opinions rendered by judges and juries.

Predictability
Mediation is a predictable dispute resolution procedure. There is no decision handed down by a third party. The final result is agreed to by all of the participants so there is no possibility for a “surprise decision.” So everyone involved knows what the resolution will be before it happens.

Disputes Commonly Resolved by Mediation
Here is a list of just a few of the most common disputes resolved by mediation:
  • International Commercial Disputes
  • Customer Warranty Disputes
  • Corporate Shareholder Disputes
  • Partnership Disputes
  • Labor Disputes
  • Insurance Claim Valuation Disputes
  • Debt Collection
Types of Mediation

Mediations greatest strength is its flexibility.

There are no set rules or procedures and every mediation is as unique as the participants and their dispute. We handle all types of business, corporate and legal mediation.


Mediation Services Overview

We specialize in business, contract and commercial disputes.

We provide Mediation, Conciliation, Negotiation, Conflict Resolution, Dispute Resolution and ADR services. We also do fee disputes, employee/employer disputes, insurance claims disputes, Will/estate/inheritance disputes, International contract disputes and customer warranty disputes.


Mediation

Mediation is one of the most effective dispute resolution devices available to today’s business managers to quickly, cost effectively and privately resolve disputes and keep their businesses operating rather than litigating.

We provide complete Mediation services designed to help resolve disputes quickly, confidentially and cost effectively.


Conciliation

Conciliation is a lesser utilized ADR mechanism that is becoming quite popular.

It is very client driven, which accounts for its popularity.

We provide complete Conciliation services designed to help resolve disputes quickly, confidentially and cost effectively.


Negotiation

Negotiation is probably the oldest dispute resolution device.

Negotiation has the most flexibility of any resolution device. However negotiation often reaches an impasse and thus is usually the first step in the process, to be followed by Mediation and/or arbitration on the ADR track and Litigation if a non ADR approach is selected.

We provide complete negotiation services designed to help resolve disputes quickly, confidentially and cost effectively.


Conflict Resolution

Conflict resolution is the ultimate goal.

How to achieve it is the challenge. Calling us is the solution.

We have a staff of dedicated professionals committed to helping our clients’ resolve their disputes quickly, cost effectively and privately.

We provide complete conflict resolution services designed to help resolve disputes quickly, confidentially and cost effectively.


Dispute Resolution

Dispute resolution is the true goal of all successful businesses.

Disputes consume valuable time and resources. Businesses rise or fall based upon their performance in their field of endeavor, not the courtroom.

So if your business wants to maintain peak efficiency and positive relations with its customers and the public, consider the effective dispute resolution professionals at Global.

We provide complete dispute resolution services designed to help resolve disputes quickly, confidentially and cost effectively.


Alternative Dispute Resolution (ADR)

Alternate Dispute Resolution (ADR for short) is the name collectively given to the dispute resolution devices favored as alternatives to the traditional Litigation process.

Included are: Negotiation, Conciliation, Mediation and Arbitration.

As the judicial system becomes more and more overwhelmed and the time and expense to move a case through it escalates ADR popularity has grown dramatically.

We provide complete Alternative Dispute Resolution services designed to help resolve disputes quickly, confidentially and cost effectively.


Arbitration

Arbitration is an adjudicative process that is used as an alternative to judicial intervention.

Arbitration is usually used following an impasse with another ADR device such as Negotiation or Mediation.

Arbitration differs from other ADR devices in that a third party (or panel) actually decides the matter and his/her decision is imposed upon all participants.

We provide complete arbitration services designed to help resolve disputes quickly, confidentially and cost effectively.


Mediation Process Overview

Mediation is an extremely flexible procedure.

The process, rules and methods are diverse and varied. The rules are often established by the participants but can be set by the mediator to facilitate the process. The individual participants and the nature of the dispute dictate which method will be most effective.


Mediation Rules

There are no “standard” rules. Each mediation is unique and requires unique rules and process.

Often the party’s agree on the initial rules but the mediator will often add to them in order to promote resolution, protect privacy and/or trade secret material and generally keep the process on the right path.


Mediation Guidelines

Mediation guidelines are most often established by referring entities to provide guidance to participants prior to the beginning of the actual mediation of their dispute.

Once the mediation process begins the mediator will direct the party’s as they agree on the initial ground rules and proceed to resolve their dispute.

We have learned that in order to provide an environment that provides for the optimal chance of reaching a mutually agreeable resolution there must be some guidelines for our clients to keep in mind before, during and after the mediation.
  1. Everyone has a different perspective, allow others theirs and if you disagree part of the process is the exchange of information by both sides to facilitate each side reconsidering their position and perspective;
  2. Everyone is involved in the mediation process because they desire to resolve the dispute quickly, cost effectively and privately everyone must listen to others and make their comments at the appropriate time;
  3. All presentations should be made in as calm and respectful manner as possible;
  4. The exchange of information is essential to the success of the mediation process; parties must use their best efforts to provide information to the mediator to facilitate the resolution;
  5. Just as your privileged information is kept confidential, the mediator must also keep the confidences of other party’s, it is not a matter of taking sides it is fundamental fairness.
Do You Need Our Help?
  • Do you have a dispute you need to resolve?
  • Do you want to have control over and be an active participant in the resolution of your dispute?
  • Do you want to keep your business dispute private?
  • Do you want to resolve your dispute quickly?
  • If you answered yes to any of these questions then you need our help.


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