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In mediation, a neutral third party guides the discussion and assists parties with the root of their dispute. The mediator helps both parties arrive at a mutually agreeable settlement so that they can move on with their lives. The mediator is not invested in either side, so both parties have the opportunity to share their concerns and stories without worrying about an individual who has taken up for the other side. Mediation is a forum where each party can contribute to the discussion in a meaningful and thoughtful manner. The conversation between the parties, moderated by the mediator, is non-confrontational, limiting future disputes and possibly even laying the groundwork for a future civil relationship. Many people are actually interested in resolving their conflict instead of dredging up the past, and this appeals to those individuals. Mediation is excellent for finding common ground. In the midst of a dispute, it's easy to feel like you don't have anything in common except for an argument, but that's rarely true. A talented mediator will be able to draw upon your common ground and guide you to conversation topics and questions that further your progress towards a solution. When compared with other methods of resolving disputes, like litigation or arbitration, mediation is far less adversarial. The informal process appeals to everyone involved because it doesn't pit the parties against one another. Mediation tends to be much easier to schedule, too, so both parties have a vested interesting in finding that common ground and getting to an agreement. Rather than waiting months to get into a courtroom, this type of alternative dispute resolution can be scheduled at the flexibility of the parties and the mediator. Parties in mediation also play a bigger role in their own agreement. Going through litigation or arbitration leaves your future up to someone else, and this can be nerve-wracking and lead to solutions that aren't really in the best interest of either party. Mediation, on the other hand, allows parties to recommend ideas or suggestions that can be more creative or flexible than what traditional resolutions could look like. What emerges is an agreement that both parties have contributed to that may be more in line with their needs than something generated by another party. As the mediator goes back and forth working out the final details, the solution is highly customizable and can be effective at creating an agreement where multiple other forms of dispute resolution failed. Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit http://www.hmrmediation.com
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Civil Litigation, Appellate Practice, Mediation, Marin County Mediator, San Rafael California Mediator, Marin County Law Firm, San Rafael California Law Fir,
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