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Mediation Fact

12 years after a mediated divorce, 85% remain satisfied with the results while only 15% of those who used traditional court procedures remain satisfied.

Jerome R Hamilton-Attorney at Law

 

Why Mediation?

What are all my options for deciding my dispute?

First, you might accept things as they are now.

Second, you might resolve the dispute with the other party with no one else's help.

Third, you might resolve the dispute with a mediator's help, which allows you to control the process and end it at any time or, on the other hand, resolve the dispute in a way that you can live with even if without a perfect resolution. Conciliation is simply mediation by phone or similar communication device. It is not as efficient as face to face mediation, but it is useful when parties cannot be together.

Fourth, if you and the other party cannot work it out in mediation - where you retain the power to make all decisions and reach agreement or not - you could try arbitration. A neutral person hears both sides and decides the case, like a judge except with much less formality, delay, and expense.

Fifth, you or, more typically, your attorney, might prefer to 'test the case' by presenting it for neutral evaluation to a person experienced in the kind of dispute involved. Neutral evaluation is often used in injury cases, for example.

Sixth, you might go to court for traditional litigation, risking high costs, lengthy delays, and unpredictable results, but at least some day getting to the point where you know who won and who lost according to the judge.

Seventh, you might use to violence. This last method has been developed by humans into the art of war, a distinction that marks the difference between humans and other animals. There might be other options, too, but they do not tend be used by most people nearly as much as those mentioned.

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