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Inside
Mediation
Click on the following for more info:
Why • What • How • Risks • Disputes
Risks
Are there risks associated
with mediation?
Mediation, like all other forms of dispute resolution, involves some
risk. As explained below, however, most of these risks can be
managed by a capable mediator.
- Parties must have accurate and
complete information in order to make good decisions in
mediation. If the necessary information is not available
informally, the parties can use the formal legal process of
"discovery" to obtain the facts they need.
- Sometimes a person is
concerned about whether he or she can be an effective
negotiator. In these cases, the attorneys can be
encouraged to participate to help balance the negotiating
environment.
- If there is a history of abuse
or violence, the mediator will carefully evaluate whether
mediation is appropriate. The mediator must be informed
of the situation so that procedures can be put in place to
ensure a safe and successful mediation.
- Substance abuse may make
mediation inappropriate. The mediator must be informed
of any potential substance abuse problems.
- Not all mediation results in
resolution. If it appears that there is no chance of
settlement, the mediator will tell the parties, and the
mediation can be terminated. Parties should not spend
money in mediation if it appears that they must go to court.
- Parties must always protect
themselves -- and this is true no matter what form of dispute
resolution they choose. Hiring experienced
professionals is your best protection. If mediation is
the chosen form of dispute resolution, the attorneys and
experts can be actively involved and should communicate with
the mediator.
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