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Mediation typically results in settlement when the parties are able to find a resolution to the case that, all things considered, is better for everyone involved than continued litigation. Factors that favor settlement over litigation include speed, cost, certainty, control, risk reduction and flexibility.
In the mediation process, the mediator helps the parties identify important issues, clarify misunderstandings, explore solutions, and negotiate a settlement rather than having a costly and time-consuming trial.
Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath. Parties vent feelings, tell story, engage in creative problem-solving.
In domestic relations cases, a registered mediator must either be an attorney in good standing with the Supreme Court of Indiana, or hold a bachelor or advanced degree from an accredited institution of higher learning, and must complete 40 hours of Commission-approved domestic relations mediation training.
(A) Mediation. This is an informal and nonadversarial process. The objective is to help the disputing parties reach a mutually acceptable agreement between or among themselves on all or any part of the issues in dispute. Decision-making authority rests with the parties, not the mediator.
Some court or tribunal processes may require mediation before the case can progress. As an example, many Indiana County Courts require mediation before a contested divorce will be put on the Court's docket.
It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.
Mediation is a facilitated negotiation. You'll do better adhering to the five predictable stages Preliminary stage. The first step in the process is the preliminary stage, during which you're deciding whether to mediate. ... Preparation stage. ... Information stage. ... Negotiation stage. ... Closing stage. ... The takeaway.