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Mock Mediation


BENEFITS OF MEDIATION


What are the benefits to using mediation?


~ Mediation saves time. A mediation session can be held much sooner than it often takes to get to arbitration, or, in the case of litigation, to trial.

~ Mediation saves money. Resolving a dispute more quickly saves expensive preparation time and money, as well as litigation costs including fees for experts, depositions, interrogatories, various court hearings and conferences, and more.

~ Mediation reduces the expenditure of personal energy. A long-carried-out dispute often eats up the personal energy of the parties, in terms of anxiety, nervousness, continued anger, stress, resentment, depression, worry, and more. It can also have similar effects on others who are directly or indirectly affected by the unresolved dispute.

~ Mediation provides the opportunity for damage control. Many times, the original dispute, left unresolved, escalates and compounds into additional problems. These, in turn, result in additional costs, stresses, and damages. Achieving a resolution early can prevent these occurrences.

~ Mediation creates the opportunity to rebuild broken relationships. In other forms of dispute settlement, such as arbitration or litigation, the relationship(s) between the parties is often permanently damaged or severed. In mediation, since the parties are a part of the resolution process, they can often achieve an outcome which results in a restoration of their relationship.

~ Mediation outcomes can be a "Win-Win." The opportunity described above for rebuilding relationships is often the greatest example of a, "Win-Win." A Florida certified mediator knows the benefit of empowering the parties through mediation to create a resolution which is acceptable for each of them. This is different from the, "Win-Lose," outcomes generally found in arbitration or litigation, where the parties actually turn over their own power to resolve the matter to either the arbitrator, the judge, or the jury to determine who wins and who loses.

~ Mediation resolutions can often restore trust and build morale, especially when used within organizations, agencies, neighborhoods, families, or between businesses and their customers, contractors, and vendors. Since the process of mediation invites the aspects of cooperation, negotiation, and communication between the parties rather than an adversarial environment, mediation dialogs often bridge the gap between the parties created by the initial dispute. This can be especially important to the parties any time there is an ongoing relationship to be maintained.

~ Mediation is confidential. Mediation is designed to provide a confidential setting to the parties for the discussion and exchange of information and ideas utilized in achieving a resolution to their problem(s). There are no recording devices used in mediation (such as audio or videotapes) , nor are mediation conferences open to the public. In this respect, there is both, confidentiality as to the information discussed in mediation, as well as privacy to the parties from publicity or other public record (which generally does not exist in processes such as litigation).

By Toby Isaacson
Mediator



Toby Isaacson
Federal and Certified Civil & County Mediator
Arbitrator - Educator - Consultant
P. O. Box 20555
St. Petersburg, FL 33742
PH: 727-579-4600
FX: 727-579-4610
Email: Solutionsti@aol.com

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Stetson University College of Law
1401 61st Street South Gulfport, Florida 33707-3299
727-562-7800
Tampa Law Center
1700 North Tampa Street Tampa, Florida 33602
Stetson University - DeLand

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