About Mediation
Communication
In conflict, communication is often non-existent. The mediation process fosters an environment of respectful communication, enabling parties to openly express their interests and needs, thereby pinpointing underlying issues towards resolving the conflict as the primary goal. Depending on the case, parties may make their opening statements in a joint caucus, or meeting, and work through as many issues jointly with the ability for each party to meet privately with the mediator, in caucus, to discuss issues that may be more sensitive in nature. Many cases, however, may start and continue in caucus with parties meeting privately with the mediator throughout the mediations. Parties are free to air nuances, extenuating circumstances and the emotional impact of issues that would not see the light of day in a courtroom but which can help parties better understand the source of conflict and find the best resolution.
Facilitation
By opening clogged communication channels, a mediator, or neutral, assists the parties identify and prioritize issues, helps parties problem-solve and look for different opportunities, and works through impasses to reach a mutually agreeable and often innovative solution. A mediator does not give legal or financial advice but is trained to facilitate communication.
Resolution & Self-Determination
Mediation allows the parties to move away from using the strict fact based procedures of the legal system to using a more open minded, look to the future, problem solving mindset. All parties have the opportunity to express their needs, concerns, and interests, and actively participate in crafting mutually agreeable solutions. This self-determination often leads to more satisfactory and sustainable outcomes compared to imposed solutions in adversarial settings. Moreover, parties that come to mediation and act in good faith with a strong desire to reach an agreement will have a better outcome. Overall, it offers a collaborative, constructive, and effective approach to resolving disputes, promoting understanding, and fostering positive relationships.
Avenues of Mediation
Court Annexed Mediation
Many courts now require litigants to use mediation in what are known as court-annexed mediation programs. This program may be based in the court, or may involve referral by the court to outside ADR programs run by bar associations, local courts, or private ADR providers. Whitney Goodstone is registered to practice in various court-annexed programs.
Private Mediation
Private mediation is an alternative to court-annexed mediation programs. Even if a court has referred your case to a court-annexed mediation program, you may decide to use a private mediator. Just follow the notification requirements of the appropriate court.
This avenue is ideal when you need help settling a dispute but don’t want to commence a legal battle. Whitney Goodstone is an experienced mediator who is passionate about mediation as a viable and effective alternative to court proceedings. Conflict resolution through mediation reduces legal costs, is more efficient, and alleviates the stress involved with court proceedings.
The Benefits of Virtual Mediation
Virtual mediations are here to stay and offer some considerable benefits for the parties. Some benefits include more time efficiency, reduced travel costs, less logistical challenges, and more convenience. Also, studies have shown that parties feel safer and more relaxed when mediating virtually from the comfort of their own home or office, helping them to be more engaged in the process. Online mediations also make it easier to include all decision makers wherever they are located.
Technology, including screenshare ability, allows parties to easily share documents, photos and other digital information. Additionally, the process provides privacy and often a more expedient means to resolution.
About Arbitration
Privacy
Arbitration
The Benefits of Advance ADR
Reduced Emotional Toll
When in conflict, parties are in an adversarial relationship that continues until the conflict is resolved. The emotional toll in preparing and waiting for a matter to go to trial can take away from the parties’ quality of life and their ability to focus on productive work. Mediation is less emotionally stressful than litigation and provides the opportunity for positive conflict management allowing parties to work together to put an end to uncertainties and the dispute. The informal nature of this service also makes it less intimidating and more conducive to open dialogue.
Creative Resolutions
The core of disputes often lies in differing perceptions. Let Advance ADR assist parties in conflict work together to recognize each other's interests and needs and to find a mutually beneficial solution that may expand beyond the legal issues. Alternative dispute resolution empowers parties to find solutions that may be unavailable to a judge or jury and that may be superior to an adjudicated outcome. Because it allows the parties to reach practical solutions and move forward amicably rather than with animosity, mediation is beneficial where the parties have ongoing relationships. Examples of such dealings include dealings between business associates or between parents about the care of their children.
Voluntary
Mediation is a voluntary process. The courts may refer parties to mediation, but that does not mean that they are forced to reach an agreement. They have the opportunity to express their needs, concerns, and interests, and actively participate in crafting mutually agreeable solutions. If the parties feel this is not working for them, they can terminate the process at any time. However, even the most adversarial parties, acting in good faith, may reach resolution in mediation and put an end to the conflict and move on with their lives.
Saves Time
Since the process is flexible and can be scheduled at the convenience of the parties and the mediator, it can lead to timely resolution of conflicts. Contrast this to litigation where there can be extended delays in the courts and where cases can drag on for months or even years.
Confidential
The parties have the chance to tell their story to a neutral third party in a confidential environment and to avoid public disclosure of often private matters in a courtroom. Communications during mediation are strictly confidential and the mediator cannot be called as a witness for either party. Confidentiality encourages parties to speak candidly and explore creative solutions without fear of repercussions.
Less Costly
Mediation is generally more cost-effective than traditional litigation or arbitration. It typically requires fewer resources in terms of time, money, and emotional energy. By avoiding lengthy court proceedings and legal fees, parties can save considerable expenses by resolving disputes through mediation.