Pursuit Resolutions
& Mediation, LLC
LET'S TALK ABOUT MEDIATION
Mediation
me·di·a·tion [ noun] 1. intervention in a dispute in order to resolve it; arbitration.
What is the role of the Mediator?
The mediator does not make decisions or advise the parties about what they should do or how they should resolve their conflict or disagreement. The mediator’s role is to support all parties equally, helping them to communicate and negotiate productively. The mediator helps manage the process of communication so that it is most effective, keeps track of the issues and progress on the issues, helps the parties reality test and consider the various options available to them, and documents for the parties the agreements they are able to reach.
Success rate STATS
Research indicates that a high percentage, ranging from 65% to 95%, of cases that go to mediation successfully reach agreements that are satisfactory to the parties. In my experience, if the parties are willing to use mediation, they are usually able to find solutions that are preferable to not resolving the dispute or to the alternative of litigation or some other adversarial option.
What about confidentiality?
At the start of a mediation, the parties sign an Agreement to Mediate that, among other things, confirms that the discussions that take place during the mediation will be held in confidence by the parties and by the mediator. This is a key provision that allows parties to discuss all aspects of the situation they are dealing with without concern that what they say will be used against them in the future.
The only exceptions to confidentiality are situations in which mediator suspects that another person may be in danger of harm, including possible child abuse, which includes sexual abuse, physical abuse, and neglect. In these situations, the mediator has the ethical responsibility to break confidentiality and report information concerning threats of physical harm.