Compared to a lawsuit, mediation is swift, confidential, fair and low cost.
Jean Smith had been arguing with her neighbor about noise for months. It seems the homeowner did not understand why she should have to put up with excessive noise ... she felt her case was unique and subsequently threatened the neighbor with a lawsuit.
Years ago, the neighbor would have called his attorney but a funny thing happened on the way to the court house - he chose mediation instead.
Alternative Resolution
Mediation is offered as an alternative to the litigation process. Mediation is quick, private, fair and inexpensive compared to a lawsuit. Mediation sessions are usually scheduled within a few days or, at most, a couple of weeks from the time of request and most sessions last only a few hours, depending on the type of dispute. In contrast, lawsuits often take months or even years to resolve.
What Mediation Does
Mediation gives the parties the opportunity to discuss the issues, clear up misunderstandings, determine the underlying interests or concerns, find the areas of agreement and incorporate those areas into resolutions. A mediator does not resolve the dispute or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation typically may not be revealed to anyone and, should mediation fail, may not later be used in the courtroom.
Finally, agreements reached through mediation are more likely to be carried out than those imposed by a judge. When folks go to court, the losing party is almost always angry and often prone to look for ways to violate the letter or spirit of the decision.
Mediation. . . it's time saving and cost effective. Above all, it works!
Who Mediates?
Objective third parties agree to meet with both parties. This is usually an active community member, such as a representative of Neighborhood Watch, who subscribes to the notion of privacy and respect.
If you're interested in resolving a conflict with a neighbor, contact report@volcano-nhw.com for more information. Likewise, if you're interested in acting as a mediatior.
