Archive for the ‘Mediators’ Category

« Older Entries
Newer Entries »

Arbitration and Mediation: What’s the Difference?

Friday, September 17th, 2010

JudgementIn the realm of conflict resolution, many people simply assume that litigation is their only option.  Taking the matter to court is the age-old tried and true method of handling disputes among parties.  Litigation can be, and most often is, expensive, time consuming, and emotionally taxing.  There is, however, the entire area of alternative dispute resolution that can provide parties with options that can help them resolve their problems and disputes.  Among these alternatives, the most common are mediation and arbitration.

While there are substantial differences between the two, most people do not know the difference between mediation and arbitration.  Both are alternative dispute resolution techniques, but each one offers a different approach to the end result.

Arbitration is most similar to the traditional judicial hearing approach that most people think of when considering the “traditional” approach to dispute resolution.  Arbitration utilizes a neutral third party who acts in a role similar to the judge.  There can be one arbitrator or, as is the often the case, a panel of three.  When the panel approach is to be utilized, each party chooses an arbitrator and then those chosen two choose the third, neutral, arbitrator.  These individual then listen to each party’s side and render a written opinion on the matter.  While it does not have to be, the arbitrator’s decision is generally binding (that is, final).

Mediation, on the other hand, generally only employs one neutral party.  This mediator does not judge the case, but rather acts as a facilitator for discussion between the parties helping them come to a mutually agreeable solution to their dispute.  Even though mediation can be beneficial at any point in a dispute, it is most effective when done right at the outset.  This allows the parties to discuss get down to what their actual difference is – and in many instances, the parties find that they are not as far apart as they believed themselves to be when they sat down to the table.  While the mediator is not evaluating the legal merits of either side’s claim, the end result finds the parties reducing their decisions down to a written agreement that is then signed and enforceable as a contract. The mediator remains neutral throughout the mediation process.

CFR Mediation offers this type of dispute resolution service.  By choosing to mediate your dispute with CFR Mediation, you will benefit from the expertise of a CFR Certified Mediator who will help all parties reach a decision that resolves their dispute with a plan that they created.  Of all the alternatives to litigation that parties can, and should, choose, mediation offers the approach that is most natural and gives parties the most hands on approach to making the decisions that will steer their destinies.

CFR Ensures Mediator Neutrality

Tuesday, September 7th, 2010

Taradji Attorney MediatorAt CFR Mediation we have designed our mediation service to ensure mediator neutrality.

  • CFR Mediators are not allowed to have prior or future relationships with CFR mediation clients.  As an example, a CFR mediator who provides mediation services to a CFR client is contractually prohibited from providing additional legal or mental health services to mediation clients, even if qualified to do so.   Similarly, CFR Mediators who may have had any professional or personal exposure to a mediation client prior to request for mediation will not be eligible for the mediation referral.
  • In the event that a CFR Mediator or client recognizes a potential conflict of interest, the CFR Mediation Coordinator intervenes in the mediation and, working with all the parties in the dispute, determines the appropriate response, which may include reassigning the mediation case to another mediator.
  • CFR Mediators receive minimum information prior to meeting all parties to the mediation.  The CFR Mediation Coordinator gathers the initial information and relays the necessary information to the mediator, giving the mediator the information needed, but none that would sway the opinion of the mediator to one party’s side.  In addition, the CFR Mediation Coordinator is always available should one party feel that the mediator has too much advance information or is biased at the onset of the mediation.

CFR places a great deal of importance on the neutral role of the mediator.  As a result our services are specifically designed to ensure that the mediator neutrality.

Be an Early Bird Mediator!

Wednesday, September 1st, 2010

It is hard to escape the clichéd expressions that swirl about in our daily media consumption, but using another to drive home this point is, in the author’s opinion, well worth it!  The early bird catches the worm!

What does this have to do with mediation?  In short – everything.  Mediation is the ideal choice for dispute resolution as it saves time, saves money, and brings people together to solve their differences rather than participating in the adversarial and drawn out litigation process.  In many instances, parties wait until they have already begun the litigation process to try mediation.  This is a waste of your time and your money.  Try mediation right away!

Choosing to mediate is cost effective as for an amount substantially lower than traditional litigation the parties come together early on in their dispute to work together to come to a solution that everyone can agree on.  The CFR Certified Mediator is trained to assist you in fleshing out which details are important and finding a path that all parties can travel down.

In the rare event that you absolutely cannot come to an amicable solution with the other party, you can always turn to litigation at that point.  But why do it first?  Choosing mediation gives you the chance to solve your differences quickly and inexpensively.  Beginning litigation, then considering mediation draws out the time-frame and your expenses.  Be an early bird and hopefully your caught worm will be a peaceful and positive resolution to your dispute.

Mediate Your Auto Insurance Dispute

Monday, August 30th, 2010

You have gone through the trauma of being in a car accident.  Your car – likely one of the most expensive items you own is damaged, or worse, totaled.  Thankfully you have insurance to cover the damages and get you back on the road – little worse for wear.  Unfortunately, after the insurance company adjuster visits your home or the auto body shop to evaluate your vehicle, the payout might be significantly less than you expected.

While this result is certainly frustrating, it should not be wholly unexpected.  The adjuster who visits on behalf of your insurance company is actually an insurance company employee whose job is to give you a “fair” amount, but by no means the “maximum”.  Adjusters use complicated formulas and charts such as depreciation schedules and replacement value versus book value to arrive at their final figures.  This valuation does not always measure up to the real-world costs incurred to repair or replace your vehicle.  This number is not what you expected when you insured your vehicle.

You are not stuck with this calculation; your contract with the insurance company offers you the right to dispute your claim’s valuation.  The first step is an important one: examine your policy closely as there is almost always a rigid time frame during which you may file a claim dispute.  In making your request to dispute a claim, you should choose mediation; this will allow you a neutral forum where your valuation will be fairly assessed.

Choosing mediation brings both you and the insurance company to the table in front a neural party.  With CFR Mediation, that neutral party will be a CFR Certified Mediator.  This mediator is not directly related to you or the insurance company and will be able to take all the facts and help guide both sides through the dispute to a fair outcome of their own design.

Basics of Divorce Mediation

Friday, June 25th, 2010

There is no secret that going through a divorce is not a pleasant experience.  There are options though that will result in lessening the anxiety, anger, and pain that can all-to-often consume you during the divorce process.  First and foremost, choosing the path you will traverse to separate your life from that of your spouse will ultimately control the tenor of the whole process.  Your options include the litigation approach, where both parties hire divorce attorneys to “fight it out” in court.  This method, while likely the most recognizable approach, is counter-intuitive compared to the way we are naturally inclined to resolve disputes.  This turns the focus to Divorce Mediation, an alternative where the parties work together to reach mutually agreeable solutions; truly crafting the outcome of their divorce, the parties feel more satisfied that the result is “what they want”.  Going over the basic approach to Divorce Mediation will give an idea of what to expect.

First of all, it is important to realize that Divorce Mediation is not to be mistaken for marriage counseling; is not meant for marriage salvaging maneuvers.  Those who opt to mediate their divorce have already decided that divorce is their mutually agreed upon path.  The mediation, as opposed to traditional litigation, will aid the divorcing couple in communicating effectively and remaining respectful of each other and their wishes throughout the divorce process.

The Divorce Mediator plays a vital role in making divorce mediation such an effective choice.  In facilitating respectful discussion and encouraging cooperation between the separating spouses, the trained mediator will help the couple through all the important topic areas that need decision making.  The mediator can help the couple put together an effective plan to tackle such major issues as separation of property, finances, and often most importantly, children.  The agreements reached by the couple is basically a contract; at CFR Mediation, we call it a Memorandum of Understanding (MU).  This MU is drawn up by the CFR Certified Mediator and is an effective expression of the parties’ desires and intentions.  It is so effective because it is wholly drafted based on the agreed upon wishes of the couple.

CFR Mediation employs a unique 5-Step resolution process to every case that CFR mediates.  You can learn more about it at: CFR Process.  This approach allows for your mediation, divorce or otherwise, to be completed as effectively and efficiently as possible.

What is Divorce Mediation?

Sunday, May 30th, 2010

Mediation is a method of resolving disputes in which individuals or groups in conflict meet with a neutral person who assists them reach an agreement that resolves the dispute.  The mediator does not judge, determine merit, or favor one side over the other.

Divorce Mediation

Mediation is an ideal means of resolution for most couples that are divorcing – even those couples that agree about very little.  CFR Mediation builds on the tiniest of agreements, assisting the couple in creating a plan that works for their unique situation.

After the divorce or breakup, some couples are able to end their relationship completely.  However, couples with children are going to have to maintain a somewhat close relationship for years.  Mediation allows parents to create a plan for co-parenting that is uniquely tailored to their children and parenting relationship.

Some important aspects of CFR Mediation:

  • Mediation is voluntary. Those who participate must choose to participate.  As a result either party can end mediation at any time.  In other words – All parties must agree to participate before mediation can even begin.
  • Mediator is a neutral participant in process. The CFR mediator does not judge, advise, cajole, or make a decision as to what either party should agree to.
  • Clients are in control of the resolution/agreement. The parties agree to the resolution of the dispute. No one comes out of mediation with an order to do something they have not agreed to.
  • Agreements reached in mediation are as legally binding as any contract. In addition, since the agreements are reached with the full cooperation and involvement of the parties, adherence is greater than judgments rendered through the litigation process.
  • Facilitated communication. Often those who come to mediation are absolutely unable to discuss the conflict calmly.  The presence of a CFR Mediator mitigates the communication difficulties, and actively guides the parties towards a cooperative solution.
  • Mediation is cost-effective. Mediation tends to be significantly less expensive than litigation.  When people chose to resolve disputes – including settling the terms of their divorce – through attorneys, the fees almost always are higher and the process significantly longer than if those to mediate.  What can take 6 to 10 hours of mediation can take ten times that amount in billable time for attorneys – a savings of tens of 1000s of dollars for couples.

For many couples, the reason to choose mediation is cost savings.

A divorce settlement worked out through attorneys can easily cost couples $25,000 (2 attorneys x reviewing documents x client meetings x settlement conferences x settlement writing x hourly fee)

In addition to cost savings, couples who choose to mediate their divorce settlement and parenting plan, end up with decreased levels of stress and significantly higher levels of satisfaction – both in the process and result.

NOT Another Mediator Referral Service

Sunday, May 9th, 2010

Erin Johnston MediatorCFR is not a mediator referral service.  We are an actual provider of mediation services, headquartered in Chicago with over 100 mediation providers and offices throughout the US.

When people decide to seek mediation it is because they are unable to resolve a situation on their own.  While both sides have to agree to mediate – they also have to agree on the mediator.  Sometimes this can be another stumbling block in the resolution process.  Was the potential mediator swayed or influenced by the other side?  How can those who are not in agreement – agree on an individual to mediate an agreement to the conflict?

CFR Mediation removes this potential barrier from the resolution process.  Clients who choose CFR work with a mediation coordinator who, after speaking to both sides, assigns the CFR Certified Mediator that best meets the needs of the participants and the case.

Unlike referral services, CFR Mediation Coordinators work with both parties – in every mediation case – to ensure that the best CFR Certified Mediator is assigned to facilitate the resolution.  Clients receive high quality mediation services without having to try to pick someone out from an anonymous list of names.

The Mediation Coordinator assigns the CFR Mediator best for the case, as well as help both parties understand the mediation process, including the costs, and will assist everyone in preparing for the mediation. CFR mediation sessions are generally two hours in length.

Mediating the case starts at the first appointment: issues are clarified, priorities are set, and the process is begun. The mediator is careful to continue to create an informal, cooperative environment, maintaining neutrality at all times.

Between appointments, the parties have time to consider their options and think about what the best decisions might be.

Remember, those participating in the mediation are the ones who actually make the decisions about how to resolve the dispute. Once the mediation is complete, the mediator will write up a Memorandum of Understanding (MU) that both parties sign. The MU details the agreements reached in mediation, as well as continuing areas of disagreement (if any). Those participating in mediation can always have their own attorneys review the MU prior to signing, but that is at the discretion of each client. In general, a signed MU is as binding as any contract.

Contact a CFR Mediation Coordinator for a free no-obligation telephone consultation.  We can assist you in an efficient and effective resolution to your conflict.

Can divorce mediators give legal advice?

Thursday, March 11th, 2010

Taradji Attorney MediatorMediators – even attorney mediators – do not give legal advice, but do give legal information throughout the mediation process. Providing information allows the parties to make the most informed decisions for their futures as possible, while not impinging on mediator neutrality.

The focus of the mediator is to facilitate communication and resolution among the parties in conflict. It is not one of saying what is best. The focus of the resolution process is to minimize conflict and find the best solution for all parties. Mediators are neutral participants in the process.

Those participating in mediation are encouraged to seek outside legal advice from a licensed attorney, to ensure individual rights are protected. Should an attorney make recommendations contrary to the mediated agreements, the issue can be brought back up for further discussion in mediation.

CFR Mediation Services Available in Alabama

Sunday, February 21st, 2010

Alabama MediationCFR Mediation (CFR) offers a full range of mediation services including civil, workplace, and divorce mediation services in Dothan Alabama.

For those in Dothan, attorney mediators are available to resolve all kinds of disputes, including divorce, parenting & child custody issues, family conflicts, wills and probate, business or civil dispute, workplace conflict, and property disputes.

If you would like to learn more about our mediation services in Dothan, Alabama or our other locations, please contact us for a no obligation confidential consultation.

________________________________

Additional Reading:

CFR Divorce Mediation in Reno Nevada

Saturday, February 20th, 2010

Nevada MediationCFR Mediation (CFR) offers a full range of divorce and family mediation services in Reno Nevada.

For those in Reno, attorney mediators are available to resolve all kinds of domestic and family disputes, including divorce, and parenting & child custody issues.

If you would like to learn more about our mediation services in Reno, Nevada or our other locations, please contact us for a no obligation confidential consultation.

________________________________

Additional Reading:

« Older Entries
Newer Entries »