Written by Attorney Renee Harvey
Mediation often allows clients to obtain outcomes they cannot get in court. It is a flexible process.
Therefore, mediation may be best defined by what it is not.
It is NOT LITIGATION. Litigation is an adversarial process by which conflicting parties present and argue their positions to an individual, usually a judge. A formal, adjudicatory process.
It is NOT NEGOTIATION. Negotiation is a process by which conflicting parties resolve matters by holding discussions, bartering and arriving at a mutual agreement; this process is often conducted through representatives. Typically, an adversarial and competitive process.
It is NOT PSYCHOTHERAPY. Psychotherapy is the treatment of mental and emotional disorders or maladjustments through the use of techniques designed to encourage communication of conflicts and insight into problems. The goal of psychotherapy is internal psychological change or interpersonal behavioral change.
So, what exactly is Mediation then?
MEDIATION IS a non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach mutually acceptable decisions and agreements. By resolving disputes in mediation, the parties determine for themselves what is important and what the outcome of the situation will be. Therefore, MEDIATION IS your process – the decisions are yours – it is the only forum in which you have complete control over the decision making and outcome.
Contact us for more information decatolaw@decatolaw.com
Mediation often allows clients to obtain outcomes they cannot get in court. It is a flexible process.
Therefore, mediation may be best defined by what it is not.
It is NOT LITIGATION. Litigation is an adversarial process by which conflicting parties present and argue their positions to an individual, usually a judge. A formal, adjudicatory process.
It is NOT NEGOTIATION. Negotiation is a process by which conflicting parties resolve matters by holding discussions, bartering and arriving at a mutual agreement; this process is often conducted through representatives. Typically, an adversarial and competitive process.
It is NOT PSYCHOTHERAPY. Psychotherapy is the treatment of mental and emotional disorders or maladjustments through the use of techniques designed to encourage communication of conflicts and insight into problems. The goal of psychotherapy is internal psychological change or interpersonal behavioral change.
So, what exactly is Mediation then?
MEDIATION IS a non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach mutually acceptable decisions and agreements. By resolving disputes in mediation, the parties determine for themselves what is important and what the outcome of the situation will be. Therefore, MEDIATION IS your process – the decisions are yours – it is the only forum in which you have complete control over the decision making and outcome.
Contact us for more information decatolaw@decatolaw.com
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