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| Des Moines, IA 50309 |
| Phone: (866) 566-8291 |
| Fax: (515) 246-8767 |
| Email: info@jameslawfirm.com |
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Mediation is more than two opponents trying to settle a case outside of a courtroom. Mediation is between two parties to resolve a dispute. This may be neighbors, co-workers, friends, roommates, relatives, ex-spouses, business associates or private parties against a business. The purpose of mediation is to give an opportunity for each party to be heard and to make their own decisions on what to do next with the help of a neutral mediator. Almost all non-criminal court cases may use mediation, including divorce and child custody cases. Why use mediation instead of going to court? Look at the benefits of mediation.
Benefits of Mediation
- It provides a neutral setting to bring out all aspects of a dispute in order to understand the views of both parties involved.
- Each party is allowed to bring out every aspect they feel is important in order to come to an agreement.
- The mediator provides a neutral party to keep conversations under control." The mediator is trained to walk parties through difficult negotiations.
- The mediator will not take sides.
- A safe place to allow parties to listen to all points to consider.
- A place to clear up misunderstandings, ask questions and find answers.
- It allows each party to be heard-perhaps for the first time..
- No agreement is made unless both parties consent to it.
- It is faster and less time consuming than going to court.
- It doesn't have to be resolved in one mediation session. Additional sessions may be scheduled to complete details, ask additional questions, and come to final agreements. It is not over until you say it is over.
- Agreements are not signed in the first mediation. Even if an agreement is made, parties are given time to review the decision and talk it over with their lawyer, family and friends before signing.
- Parties will have a clearer understanding on options they have, even if an agreement is not made.
- It may be less expensive, particularly if you do not have to go to court.
- It may be less stressful emotionally than the courtroom.
- Even if only part of the dispute is resolved, it will save time in court later.
- It is possible to have a "safe" person with you for emotional support.
- It is private and confidential.
- It has a high success rate as almost 70% of all cases that use mediation are resolved outside of court.
What Mediation is Not
- It is not a place to argue heatedly, demean or disrespect others.
- It is not a place to cause or insinuate harm or intimidate others.
- It is not a place where you can be forced into agreeing to an outcome you do not want.
- It will not provide the final decisions if you do not want it to.
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