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WHAT IS THE VALUE OF MEDIATION?
It is the most cost effective
method of resolving disputes and
the least stressful comparing to
a Court trial. In addition to
the financial and emotional
savings of mediation,
participants are able to fashion
their own agreement which is
sensitive and responsive to
perceived equities and desired
outcomes. The result is that the
work product of mediation, the
Memorandum of Understanding,
provides a comprehensive
resolution in terms mediating
parties understand and believe
in. This results in a commitment
to the agreement which has been
shown to enhance future
compliance by providing a
cooperative atmosphere for
performance of the terms of
agreement.
WHAT ARE OUR CHANCES FOR SUCCESS
IN MEDIATION?
A significant number of parties
reach comprehensive resolution,
with the remaining issues
reaching at least some
significant substantive
resolution
WHAT IF WE DON'T REACH
AGREEMENT?
In the event no agreement is
reached in mediation, other
settlement options can be
explored. Even unsuccessful
mediating parties often seem to
obtain substantial benefit from
having had the opportunity to
fully communicate and by having
given it their best effort prior
to recognizing that attorney
negotiation or litigation may be
inevitable.
WHO PAYS FOR THE MEDIATION?
Responsibility for the mediation
fees needs to be decided between
mediation participants. The key,
however, is that the parties
themselves agree upon the
division of the fee in whatever
way seems fairest and most
appropriate.
WHAT CAN I DO TO ENSURE A
SUCCESSFUL MEDIATION?
Perhaps the most important thing
any mediating party can do to
ensure a satisfying and
successful mediation experience
is to prepare for the mediation
discussions by seeking clarity
as to individual desired
outcomes and perceived standards
of fairness. Being able to
listen to the other party's
point of view, even when you
don't agree with it, will allow
you to develop options that meet
both of your needs. It is in the
ability to see the whole picture
from both perspectives that a
mutually satisfying agreement.
A Maryland law firm also serving
the District of Columbia and the
Nations.
Maryland mediation lawyers who
understand mediation process and
how it works. |