The Benefits Of Resolving Conflicts Through Mediation

In September this year, USA Today reported that the NFL had reached a mediated settlement with more than 4,500 retired football players over their concussion-related lawsuits. The settlement involves former players abandoning litigation and getting financial help if they are assessed as needing it. The NFL will also be funding research into making the sport safer. 

When relationships break down, whether in the context of a business or in a marriage, mediation offers a less hostile and less expensive route to a mutually agreeable solution — all with the guidance of a neutral mediator.

What is mediation?

Mediation is a process in which an impartial mediator assists the parties to communicate and negotiate a voluntary and mutually acceptable solution to their conflict. Unlike a court judgment, the mediator makes no decisions for the parties. Instead, the mediator facilitates the discussion so that each party’s needs are clarified and solutions are explored until a settlement is decided upon that meets the needs of those involved. The courts can confer the status of a binding award on this agreement so that it becomes legally enforceable.

The benefits of using mediation include: 

• Reaching a tailored agreement: A solution tailored to both parties’ needs results in a win-win situation. In addition, unlike court proceedings in which the issues a party can raise are limited by initial pleadings and procedural rules — where your needs change during the mediation process — the agreement can reflect this. Unlike an imposed judgment, the parties have a vested interest in the agreement succeeding and have invested themselves in hammering it out — making it more likely that they will abide by it.
• Preserving amicable relationships: Mediation is a particularly useful tool for conflict resolution in cases in which an ongoing relationship exists, be it with your children after a divorce or with business contacts with whom you may have future dealings.
• Enjoying a more fluid process: The parties are not tied down by overloaded court schedules and, as such, the mediation process can potentially be concluded more swiftly than court proceedings. Mediation brings with it the flexibility to let parties agree on the timing of sessions and their location.

With legal expertise spanning 35 years, the innovative mediation and dispute resolution attorneys at Smith, Gardner, Slusky, Lazer, Pohren and Rogers, LLP have expertise in providing mediation services that result in practical solutions in a range of professional and personal contexts. 

Contact Jerry Slusky direct at (402) 505-8100 today for assistance in paving the way to a conflict-free future.