Numerous individuals opt for mediations rather than attempting to settle their disputes in court. Mediation is a term that refers to a kind of assisted negotiation conducted by a third-party, called a mediator. The latter is a neutral individual who does not take sides, but rather assists the disputing parties to resolve their difficulties and come to an agreement. When seeking mediation Charlotte professionals should hire only those individuals who are well-trained to facilitate such discussions and assist those in dispute to reach a mutually satisfactory outcome.
During such a process, a settlement may or may not be reached. However, it is important to understand that it is the two parties involved, rather than the mediator, who ultimately make the decisions and determine the outcome. The mediator, as the name implies, is simply a person who makes suggestions, guides the conversation in order to keep it on track, and helps to prevent outbursts and arguments.
There are several key factors involved in the mediation process. For example, it is always a voluntary activity. Unlike a court trial, a person can leave at any time for any or no reason. One or both parties can also suddenly decide to drop the mediation and pursue legal action if they feel no progress is being made.
Mediations are also collaborative, which means that no one can impose anything on another individual. Rather, each person is usually encouraged to work with the other participants regarding the type of dispute being argued and the best way to resolve it in a mutually-satisfactory way.
A process of this type is also kept strictly confidential. If a mediated agreement is signed and finalized, the information contained therein is not made public by the mediator or the company for whom he or she works. However, the individuals of the disputing parties have a right to communicate what was said or done during the meeting if they so desire. The mediator does not have the authority to order anyone’s silence.
An individual can decide to have a lawyer present at this kind of meeting. When the mediator addresses the person, the latter can ask his or her attorney for advice before making statements or answering questions. Participants have their own decision-making power, however, and do not have to go along with the suggestions made by their lawyer, even if such a professional is representing them during the mediation.
Mediators typically attempt to motivate each party to obtain legal advice before any agreements are finalized. However, seeking legal assistance is not a requirement, and therefore this decision is solely in the hands of each participant.
Good mediators are unbiased and do not favor either party over the other. They do not attempt to pressure participants into finalizing an agreement unless everyone is equally satisfied with the outcome. The result of the process is not up to the mediator, but rather up to the concerned individuals. The mediator’s role is to ensure that each participant is well-informed and acting voluntarily when matters are finalized, as opposed to being intimidated or coerced into signing any type of agreement. Ultimately, the mediation Charlotte professionals seek may help them to avoid court proceedings.
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