One core advantage of the alternative dispute resolution process is the private determination of what the dispute is actually about. Through the process of mediation, participants can agree to the scope of the dispute and the scope of the issues to be resolved. A clear definition of the nature of the dispute will often clarify how to resolve the dispute.

Mediation can define the issues, develop options, and result in a mutually-agreed solution. Where prospects exist for an ongoing dispute between parties, mediation will often serve as a mechanism to foster future communication and interaction.

Mediation can function not only as a tool for dispute resolution but also as a means of dispute prevention. Mediation can be used to facilitate the process of contract negotiation by the identification of mutual interests and the promotion of effective future communication between the two parties.

 

The benefits of mediation include:

  • Accepting Responsibility and stating clearly what you want and what it is you need
  • Discovering each party’s interests and priorities
  • An agreement to talk about a set agenda
  • Identifying roles of the constituents, such as relatives and professional advisors
  • Knowledge of a constructive dispute resolution process for use in a future dispute
  • Healthy venting of emotions in a protected environment
Tom Cauthorn has mediated complex commercial cases, wrongful death, divorce, child custody, environmental damage, and business disputes of all types.