While mediation benefits almost all people in conflict at almost any stage of the conflict, the following is a list of times when mediation in Scottsdale may be particularly helpful.
- The other party is unrealistic about his/her chances at trial. While a mediator will not proclaim who will win or lose or who is right or wrong (a mediator has to be neutral), the mediator can help parties get to reasonable positions by using guiding questions and other techniques. These temperate strategies allow people to come to their own conclusions as to the strengths and weaknesses of their case and the pros and cons of litigating. Therefore, people are more likely to embrace those conclusions.
- The other party is emotional. Mediation helps parties separate the emotion from the conflict. Emotion often gets in the way of resolution, clouding the issues. Conflicts are often really just business negotiations lost in the emotions of hurt feelings and indignation. Trial is actually very emotionally unsatisfying for most parties. In mediation, the emotional party has the opportunity to felt heard, which often allows them to put the conflict behind them.
- Trial and trial preparation will be expensive and time consuming. Trial and trial preparation is almost always expensive and time consuming, not to mention stressful. Mediation allows parties to resolve conflicts quickly and inexpensively. Mediation works most of the time.
- The trial is set too far off. The wheels of justice turn slow. Courts are busy. Some conflicts just can’t wait the months or years for a trial. Mediators can often schedule mediations within one or two weeks.
- Confidentiality will benefit the parties. Unless sealed, all filings with the Court are available to the public, and anyone can observe most trials. Even if a party is not a public figure or a professional, most people do not want private or embarrassing facts that sometimes come out during litigation to be public. Mediation offers the confidentiality that many people seek in conflict resolution.
Alona M. Gottfried is mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260
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