Mediation
Mediation involves the introduction of a third party "neutral", or mediator, to a dispute to assist the parties in negotiating a jointly acceptable resolution to their conflict. An ECS Certified Dispute Resolution Professional will meet with the parties at a neutral location or in a virtual meeting place where the parties can discuss the dispute and explore a variety of solutions. Each party is encouraged to be open and candid about their points of view.
Benefits of Mediation
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Voluntary
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Confidential process
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Less stressful than formal court proceedings
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Resolutions can be achieved faster than traditional court proceedings
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Goal is a mutually agreeable outcome
As experienced dispute resolution professionals, we are able to view the dispute objectively and assist you in considering alternatives and options that you might not have considered. Our role is to ensure a mutually respectful interaction since we do not stand to personally benefit from the terms of the settlement one way or the other. We are impartial in that we don't have any preconceived bias about how the conflict should be resolved.
The sessions are private and confidential. It should be noted that matters unique to what is discussed during mediation "have been held by Federal courts to be privileged and inadmissible in any adversarial administrative or court proceeding with the exception of certain issues such as fraud, waste and abuse, or criminal activity" (US Dept of Commerce, Office of Civil Rights, n.d.). If unable to reach a mutually agreeable settlement as a result of this process, neither the mediator nor their notes can be subpoenaed by either party.
At the end of a successful mediation, both parties will receive a Memorandum of Understanding which is non-binding. The parties retain the right to pursue their legal remedies through traditional litigation methods.
NON-ATTORNEY DISCLOSURE:
Exceptional Consulting Services, LLC (ECS) offers Alternative Dispute Resolution Services (ADR) but is not a law firm, nor are we lawyers/attorneys which means we are unable to give legal advice. Exceptional Consulting Services, LLC nor our Strategic Partners, unless otherwise stated in their biography, cannot represent you in any legal proceedings nor can we/they offer legal advice.