Mediation: The Way to the Optimal Solution

Mediation is the facilitation by a mediator or "neutral" of negotiations or attempts to resolve a dispute between two or more parties. The mediation event allows parties to change their focus from pursuing their respective objectives in a combative way to considering ways in which the case may be resolved by agreement. It often creates the opportunity for settlement when none seems to exist.

Mediation provides the opportunity for each party to present its own case and to learn more about the other parties, their cases and the results they desire. It is often the first opportunity for the parties to hear each others' positions face to face rather than by reading them in court pleadings. The nature and quality of this information is usually markedly more valuable than what the parties have learned from each other before.

It also gives the parties the chance to assess their own cases and to consider what they really want as a final result to the litigation or conflict. Most importantly, it allows parties to address their interests and craft alternatives rather than enduring an undesirable result which might be imposed by a judge or jury.

Mediation presents the rare occasion in litigation where each party can exercise control over the outcome of their case. The offers, demands and proposals which are made in mediation present alternatives to continuing with the litigation or conflict. These choices are entirely within the parties' control. Making the best choice provides the optimal solution for the problem.

Every mediation is about creating options and making choices. Fitzgerald Dispute Resolution is here to help you choose the best alternative.

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Leonard Craske's Gloucester Fisherman (1923), Photo © Stanley Rowin








The material contained on this website is provided for informational purposes and does not constitute and should not be construed as professional or legal advice. Fitzgerald Dispute Resolution LLC provides mediation and conciliation services and does not provide legal representation or advocacy. Legal counsel or other professional advice should be sought if expert assistance is required.