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Marlene Bryan Mediation
Marlene Tschida Bryan
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Mediation is ...
A mediator is an impartial intermediary between parties who helps them reach an agreement resolving a dispute.

Mediation is often used to settle lawsuits but it also is used to resolve conflicts before they end up in court.  The parties to the mediation may be individuals, companies or organizations. 

Mediation is a cost-effective, confidential and creative method of dispute resolution.

Not every conflict is suitable for mediation; sometimes the parties need to be told by a court or jury how to resolve their dispute.  Parties who try mediation to resolve a dispute do not give up the right to go to court.  If the dispute is not resolved in mediation, the parties may continue to negotiate or bring their dispute to court.


Why Mediate ...
When you turn your dispute over to the court system or to an arbitrator you are giving someone else control over the solution to your problem.  If you go to trial, the judge or jury will tell you how your problem is going to be resolved.  But when you go to mediation, you actively participate in the process.  You and the other parties, assisted and guided by the mediator, craft a resolution that works for all of you.

Mediation is often the best choice for resolving a dispute because:


Mediation is less expensive than litigation.  It saves money for both parties so that the drain on company or personal resources is not as large.


Mediation leads to agreements that people are more likely to abide by than resolutions imposed on them by the courts.


Mediation provides greater opportunity for a successful on-going relationship between parties, where that is desirable.  It avoids the loss of future business and it makes it less likely that bridges will be burned.


Mediation gives all parties a full opportunity to be heard.  The parties can speak of facts not strictly admissible in a trial and offer solutions that are not available from a judge or jury.  This often leads to creative solutions.


Mediation is less formal than court so that it may allow for a freer exchange of information and lead to more creative, dynamic solutions.


Mediation is confidential, which results in freedom to discuss anything with the mediator or the other parties.  Free and open communication often leads to greater understanding of issues and better ideas for resolution.


Mediation preserves all rights to litigation and trial.  The parties still have court as a backup to resolve the conflict, which means that the parties can try mediation without giving up the opportunity to litigate if they can't reach agreement.


Mediation is more efficient than waiting for a trial date on crowded court dockets.  This results in less time spent on the dispute and less disruption to business or personal lives, allowing the parties to focus on other business or get on with their lives sooner.


Mediation allows parties to decide for themselves how to resolve their dispute.  It gives them control of their destiny instead of allowing a judge or jury to dictate the result. 


Mediation Fees ...
Mediation services are billed on an hourly basis for time at the mediation and time spent preparing for the mediation.  Preparation may include reviewing documents at the request of the parties and pre-mediation conferences with the parties and significant decision makers.  Reasonable expenses and travel time are also billed.






This may be considered ADVERTISING MATERIAL under the Rules of Professional Conduct governing lawyers in Virginia. The information presented at this site should not be construed to be legal advice nor does the use of this website create a lawyer/client relationship. This website is designed for general information only and may not apply to your situation. Martindale_Hubble rating explanation at www.martindale.com/ratings.

 


 
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