Certainly couples divorcing, whether they chose to mediate or not, are embarking on an unfamiliar path. It is a path that is most often chosen as the result of ongoing conflict and disappointment between the couple and seems full of unknown danger. Everyone has heard horror stories (more…)
Archive for the ‘About Mediation’ Category
Playing out in a Southern California courtroom is a family elder care drama that is all too common. The ultimate decision rests with the lawyers and a judge, not the family or the person most involved: Etta James.
In this elder care case: The 73-year-old inimitable blues singer Etta James is suffering from dementia and leukemia. Her husband of 41 years and her son from a previous (more…)
One of the most popular news stories of the day is a that of a committed and vocal congressman. Previously known for his passionate speeches on the floor and confrontational style, Anthony Weiner is now known as the congressman who accidentally outed his secret activities through Twitter.
The story is a perfect example of our desire for a judgment or determination of right/wrong. Congressman (more…)
Georgia megachurch leader Bishop Eddie Long and the four young men that filed suit against him for sexual misconduct have successfully reached a settlement through mediation.
This means that a mediator cannot take a side or advise either party in the dispute. There is no judge, no arbitrator of right or wrong. The sole purpose of mediation is to allow those in dispute to create a resolution that works for them. (more…)
Everyone, at some point, ends up in a conflict with someone else. And, despite what it may seem like at the time, no one likes being personally involved in a heated dispute with another person or entity: if the outcome did not matter the conflict could not really exist as it would no longer be “fed” by the disputants.
Conflicts come in all shapes and sizes – from those that cannot really be addressed to those that must be addressed. Although it may not seem that there is always an option, choosing how to respond to the dispute can have a significant affect on the outcome. (more…)
An interesting lawsuit in Chicago serves as an example of the negative side of litigation: cost, time, emotional toll, and lack of control. It seems more likely that all sides would win through mediation.
According to the Chicago Tribune, Chicago condominium owner, Mary Jo Stevens, who has a long history of debilitating panic attacks, has found great relief through the use and constant companionship of a 10-pound therapeutic dog named Boo. She reports that in the 14 months she has owned Boo her panic attacks have decreased from multiple times a week to about once a week. (more…)
In addition mediation can be an extremely efficient process, which means that agreement and resolution can occur quickly. Cases that have languished in the courts (even messy divorces) have been completely resolved in a matter of hours through mediation. (more…)
Choosing to mediate a dispute or conflict is the first step, but who is the the best mediator for a specific case? There are hundreds of alternative dispute resolution providers available, as well as ideas about who is “qualified” to be the negotiator in a particular case.
The simple answer is: “Yes. A mediated agreement is legally binding.”
Specifically a mediated agreement is one that all dispute stake-holders voluntarily agree to. Generally speaking, agreements reached in mediation and resulting in a signed written document (Memorandum of Understanding) are as legally binding as any other written contract. (more…)