Mediation Settles Disputes Peacefully

Mediation is a very constructive and amicable means of resolving disputes because it is informal, there are fewer rules to follow and the parties can decide on and control the process to meet their needs. To achieve the quick and cost effectiveness that you might be looking for, mediation has several benefits over arbitration or litigation. The projected time to schedule a hearing can be a few days or a few weeks versus a few months for other dispute resolution options.  Most importantly, the relations of the parties can develop into a cooperative effort as opposed to the adversarial proceedings that the arbitration/litigation process typically creates.

The mediation goals focus on the future and maintaining relationships with win/win results. This is different from the competitive, hard-bargaining process between attorneys representing parties, where one party typically wins and the other party loses. Mediation can be a transformative approach that can shift the disputant’s attitudes, allowing them to find solutions rather than remaining polarized. Even if mediation does not resolve the dispute, it is still an effective way of narrowing areas of dispute, allowing the parties to express their feelings, enabling future proceedings to be more efficient and focused.

The dynamics of mediation encourage settlement results in several ways. Mediation works, as it brings the parties together face to face, when otherwise, they are unable to talk. It educates the parties, and helps all sides come to a realistic understanding of the strengths and weaknesses of their positions. It can bring about serious settlement negotiations early, often before a suit is filed. Its flexible nature allows exploration of all possible avenues to reach a settlement. By promoting early settlement, mediation helps the parties avoid the cost of extended litigation.  Mediation allows the parties to control the outcome, rather than depending on another person(s) deciding their case for them.

Mediation is a non-binding voluntary settlement process in which a neutral third party (the mediator) facilitates communication and negotiation between the parties. Mediation can preserve relationships and help build a positive framework for future interactions based upon mutual interest so similar problems can be resolved in the future. Mediation poses no risk since no one can force a decision on someone. A mediator has no authority to force a settlement on the parties. Instead, the mediator helps the parties try to reach a mutually agreeable settlement.  A mediator will not disclose any information to the opposing side without consent. If a settlement cannot be reached, the parties are free to pursue other legal remedies.

A skilled mediator is expected to have the ability to listen with empathy and will make certain that you are heard and your feelings are understood. In the mediation session, it may be the first time that you will have the opportunity to explain your cause to an interested and neutral person.  To be heard and understood by someone with no stake in the matter is important to the parties agreeing to mediation.

At the mediation, the parties gather in a joint session with the mediator. The parties have the opportunity to give a short and informal summary of their case. This allows the parties and the mediator an opportunity to gain an understanding of each side’s position. The parties then separate into caucuses, and the mediator typically moves back and forth several times between the caucuses. The mediator gains knowledge that can help facilitate a settlement. The mediator can explore many avenues to a solution that may not have been considered without the private caucuses. The mediator is in a better position to understand the conflict and each party’s position, and to assist the parties to be more creative in resolving the conflict.

In regards to real estate related disputes, the CAR purchase contract, and the residential lease require that mediation occur prior to proceeding to other dispute resolution options. The mediation process may require some fortitude to risk transformative change, but this risk is well worth it for the possibility of peace in this world for the disputing parties.

Beverly Taki is a California-licensed real estate broker who has represented clients in Malibu for 22 years.  She is a Malibu resident and president/broker of Seabreeze Estates Realty. Beverly has earned a certificate in dispute resolution from Pepperdine University, specializing in mediation.  Taki can be reached at mailto:beverly@beverlytaki.com or 310-456-4843. Her website is beverlytaki.com.