Why Should You Consider Mediation vs Litigation?
Many people today are much more familiar with the idea and concept of mediation, not to be confused with meditation! Mediation has been around for about 3.5 decades, give or take a few years. It is different than arbitration, litigation and the idea of contention or winning and losing.
The idea came about originally when the court dockets were too full in the early 1980’s for people waiting to go before a judge to be granted a divorce. Imagine that this idea of having two or more people be able to sit in the same room with a neutral third party to have them communicate directly with each other, and help them choose options that would create a climate of win \ win were born. The operative word to this scenario is being fully aware and conscious of negative dysfunctional behavior which only causes more stress and creates a whole host of other ills.
Mediation can help relieve the stress of conflict
Recent studies have found that most illness is directly related to stress since the body can only handle so much. As pointed out in other pages on my site, the cost of sickness, lost productivity, stress, and everything else associated with the meltdown we have all witnessed of the world economy in the past several years, and one can easily see the need for a non adversarial process which allows all parties to air their concerns and emotions.
Mediation is not counseling.
It is a process where parties come together to see if they can mutually agree on aspects of their problems that would be dealt with more advantageously for both parties.
Consider the problems previously presented via movies, books, plays, songs, etc. where children are used as pawns between their parents. Now imagine a gentler, kinder more loving mind set where the child knows they did not cause the divorce, they are not responsible for their parents’ behavior, and they cannot control them either. Now you have two conscious parents with irreconcilable differences who choose to let their child/children know they are equally loved and each parent does their part to ensure that and not bad mouth the other parent!
Mediation does not work in all cases
Of course, this process of mediation does not work in all cases, specifically where there is extreme violence, threats, and or addictions which would prevent a successful mediation.
Mediation is not just for divorcing families
The field of mediation is wide open today, not just limited to families or counties, but to corporations and schools as well. The most important factor is working with a mediator you can trust, who is recommended, sensitive to cultural differences, and knows when to refer since we are not attorneys although that may be another profession practiced. A mediator is never supposed to give advice or advise parties one way or the other about what they can do; however they may offer suggestions as to what may be helpful to the parties and let them decide.
In certain situations, it might be necessary to caucus or meet with disputants in private.
Dr Deri offers Divorce Mediation, Family Mediation, Corporate Mediation, Conflict Resolution Mediation, and all aspects of Mediation Services in Sarasota, FL and across the nation
For more information or to schedule a free five minute consult please contact Dr. Deri or call (561) 644-3904