Is Mediation Right For Your Dispute?
Mediation – as opposed to arbitration – is a much more collaborative alternative dispute resolution (ADR) method for legal concerns. Often, successful mediation does wonders for those who would like to preserve the professional or personal relationship past the dispute.
I’m Doug Federspiel, and at my firm, Problem Solver Law PLLC, I help mediation attorneys move their clients through ADR. As a mediator, I work with people in Yakima and across Washington. For over 30 years, I’ve been a commercial dispute lawyer and a judge for any type of civil case. I can help you and your clients pursue a solution.
Specific Advantages Of Pursuing Mediation
Mediation is about working with the other side to meet in the middle – or as close to the middle as the two sides in a major dispute can ever truly get. It’s less expensive than arbitration typically. It’s also seen as kinder and more humane for those involved.
Clients who would pursue mediation have a vested interest in continuing the relationship, which includes:
- Parents going through a divorce
- Business partners who disagree over direction
- Agricultural businesses in disputes with distributors or equipment suppliers
If you need to continue working with the other party – and if the goal is long-term profitability – mediation is a strong choice.
Why Choose Mediation With Me?
One of the key skills I developed over 30 years of working in the law is creativity. I can find creative, novel solutions to problems and, in mediation, offer these avenues to you and your clients. I relish the chance to work with people and learn about how their problems have manifested.
I designed my office to prioritize the comfort and ease of the groups that come to me. I have separate meeting rooms, each equipped with kitchenettes, bathrooms and other accoutrement to make the environment feel secure during breaks in discussions. I have designed my entire practice around the idea that finding the answer to your problem should be comforting.
What Role Does A Mediator Play In The Process?
As a mediator, I work with disputing parties to help them find a mutually acceptable solution. My role is to facilitate open and respectful communication. I allow parties to share their perspectives and concerns. I remain neutral and impartial, ensuring that each side has an equal opportunity to express themselves and be heard. I also help identify common goals and interests and work to find creative solutions that meet those needs.
What Are The Best Ways To Prepare For A Mediation?
To prepare for mediation, it’s essential to come with an open mind and a willingness to listen to the other side. It’s also helpful to gather relevant documents and information, such as contracts, emails and financial records. Having a clear understanding of your goals and what you hope to achieve through mediation can also be beneficial. Additionally, being respectful and courteous during the mediation process can go a long way in creating a productive and successful outcome.
What Are The Differences Between Mediation And Arbitration?
While both mediation and arbitration are alternative dispute resolution methods, they differ in several significant ways:
1. Decision-making power: In mediation, the parties involved retain control over the outcome, negotiating a settlement with the mediator’s guidance. In arbitration, an arbitrator acts as a judge, making a binding decision for the parties involved.
2. Confidentiality: Mediation is typically a confidential process, allowing parties to discuss their concerns openly without fear of disclosure. Arbitration, on the other hand, may not offer the same level of confidentiality.
3. Flexibility: Mediation encourages creative problem-solving and customized solutions, whereas arbitration is more structured and follows a formal process similar to a court hearing.
4. Relationship preservation: Mediation is generally more conducive to preserving relationships, as it promotes collaboration and understanding. Arbitration can be more adversarial, potentially straining relationships between the parties involved.
What Happens During A Mediation?
Mediation sessions typically involve the following steps:
1. Introductory remarks: The mediator will explain the process, set ground rules and encourage open communication.
2. Presentation of views: Each party will have the opportunity to present their perspective on the dispute, with the mediator facilitating the exchange.
3. Joint and private discussions: The mediator may hold joint sessions with both parties or separate caucuses to discuss concerns privately and confidentially.
4. Negotiation and problem-solving: The mediator will guide the parties through negotiation, helping them identify common ground and work toward a mutually acceptable agreement.
5. Settlement or impasse: If a settlement is reached, the mediator will help draft an agreement for review by the parties and their attorneys. If an impasse is reached, the parties may choose to pursue other dispute resolution methods, such as arbitration or litigation.
Let Me Help Solve Your Problems
Solving a problem is an activity that I relish and take immense pride in executing as a mediator. I offer each of the clients who choose my services the full benefit of my experience. I provide options that have a strong legal basis and mutually beneficial results.
Learn more about what I can bring to your dispute case by calling 509-572-9142 or sending an email using this form.