Weinberger Law

Heard of mediation, but wonder about the process?

Having the option of avoiding traditional litigation is attractive to many Scottsdale residents. Most people have heard of mediation and that it can replace going to court, but they may not understand how it works. Knowing the basics of the process could help them determine whether this method of alternative dispute resolution could help them end their dispute -- whether it's with a business, a future ex-spouse or a business partner.

One of the first tasks of a Scottsdale mediator is to let everyone know the ground rules and clarify how the process will proceed. Thereafter, each party has the opportunity to tell his or her side of the story. During each person's statement, the other party is ordinarily encouraged not to interrupt. This gives each party the freedom to say his or her peace before moving into the negotiations.

Once each party makes a statement, and the issues between the parties are identified, the negotiations begin. The mediator may then want to talk to each party separately in order to determine what he or she expects as an outcome. Then there could be discussions with the mediator going back and forth between the parties, or the parties themselves could engage in negotiations with the mediator there to keep them on track when needed.

After the parties reach an agreement, it is put in writing for signature. Mediation often results in more satisfactory agreements since both parties participated in the process and retained decision-making control. They did not have to rely on the court to make decisions on their behalf, which also increases the probability that all parties to the agreement will perform as required since they had a hand in achieving it.

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5635 N. Scottsdale Road
Suite 170
Scottsdale, AZ 85250

Phone: 480-900-5192
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