About Mediation

Mediation is a creative and dynamic process in which disputants and their representatives, if any, meet with a third party, unbiased mediator to facilitate a mutually agreeable solution to their dispute. Mediation is a consensual process meaning that each party must both agree to participate in the process and, once involved, a party cannot be compelled to accept a settlement. The mediation process is designed to be friendly with the goal of avoiding confrontation and ill will. The parties retain control of the process and work toward their own solution to the dispute.

Since mediation is a consensual process, the choice of mediator is extremely important. The mediator does not have the power to impose a settlement, and thus must have the ability to create buy in amongst the parties in order to guide them through the resolution process. This respect is earned through communication and listening skills, demonstration of relevant knowledge, process expertise and unquestioned neutrality.

As administrators, the primary role of AMCC is to ensure that our panel of mediators is of the highest caliber available. To that end AMCC has been diligent in finding, vetting and then training some of the top mediation professionals available anywhere. All of our panelists have the requisite procedural training, practical experience and collaboration skills to be highly effective mediators.

The consensual nature of mediation means that there are few risks in participating in the process. Naturally if a settlement is reached, the dispute is over and hopefully relationships have remained intact. However, even if no settlement is reached, the participants have sacrificed little except their time and effort to resolve the dispute. No other rights have been surrendered and the parties are free to pursue any other avenue available to resolve their dispute in the future, including another attempt at mediation. Moreover, even when a complete settlement has not been reached often the process results in the resolution of some of the issues in dispute or the narrowing of distance between the parties positions.

Accordingly, although Mediation is appropriate for almost every type of dispute, it is most applicable where:

• The parties have an on-going professional or personal relationship that needs to be kept intact;
• Both sides desire input and control during the process;
• The issues in dispute are emotional in nature or if hostilities are high;
• There is a desire to try to minimize costs before the expenses rise dramatically (i.e. discovery, litigation);
• There is a need for creative solutions other than the exchange of money;
• One or more parties earnestly wants to resolve the dispute;
• Independent attempts at negotiation have been unsuccessful;
• A trial or other significant time-critical event is looming.

Mediation can usually be scheduled quickly and resolved efficiently. Many disputes can be resolved within just one meeting.

For more information on Alternative Dispute resolution, contact us at (800) 645-4874.

Mediation Process and Guidelines

Mediation Checklist