Why Mediate?

Published on July 15, 2012

Wilenchik & Bartness is expanding its mediation practice with shareholder Becky Bartness leading the charge.

So why choose mediation? What exactly is it?

Mediation is a form of alternative dispute resolution (“ADR”) that has grown in use and popularity over the last decade. It is a voluntary process in which an impartial third party, the mediator, facilitates communication and negotiation and promotes voluntary decision making by the parties. The mediator does not function as a decision-maker like a judge or arbitrator. Nor does the mediator act as counsel for any party. The mediator acts as a facilitator only. Think of it as not just negotiation with oversight, but negotiation with facilitation that focuses discussions, leads the parties to consider a broader range of solutions, encourages reality testing of solutions and parties’ positions, and moves the parties through impasses.

Further, mediation gives the parties opportunities to define and clarify issues in a comfortable, informal environment, understand different perspectives, identify interests, explore and assess possible monetary and non-monetary solutions, and reach satisfactory agreements.

Mediation proceedings are confidential as provided in ARS Section 12-2238.

Mediation is used in just about every context: contract, labor, community, landlord tenant, HOA, health care, or neighbor disputes, you name it. Whenever there is a dispute, mediation is available as a vehicle for resolution. It works because mediation creates a safe environment for party discussions and negotiations, empowers the parties to work together to reach mutually satisfactory agreements, and occurs in the presence of a mediator with experience and training in ADR and negotiation, and equipped with the tools to break impasses and facilitate constructive dialogue and creative solutions.

Mediation can be used as an alternative to litigation or arbitration, and is an option available at any time during the litigation process as well.

Try it. You’ll like it.