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Mediation, Arbitration, and More

Mediation has shown to be effective in resolving all types of disputes, whether business, domestic, neighbor, real estate, etc. Amongst the different disputes, it is reported that 80-85% of mediations are successful. SDRS strives to foster a mediation process that is custom to the parties and efficient. Please read on to see how mediation can help you!

Mediation

Simply defined, Mediation is assisted negotiation. Parties to a dispute confidentially meet with a neutral third person, the Mediator. The Mediator helps the parties communicate, negotiate, and understand consequences. The Mediator is different from a judge or arbitrator because the Mediator does not make any decisions as to who is right and who is wrong. The parties make the decisions, whether to make an agreement or not, keep negotiating, end the mediation, etc. The Mediator strives to help both parties come to an agreeable solution that all parties can live with. Therefore, mediation is a voluntary process. Moreover, mediation is confidential, meaning that what goes on in mediation is not public record like it would be in court and the mediator does not disclose information to a court or others.* Since the mediation process is voluntary and confidential, participants in mediation report a higher satisfaction level regardless if an agreement is reached and they are more likely to honor an agreement than in arbitration or litigation (going to court). Additionally, mediation is generally cheaper than arbitration or litigation.

SDRS offers mediation services for all types of disputes.

Gary Scholes generally charges an hourly rate of $100 for service as a mediator. A reduced rate based on income may be available.

Advantages of Mediation

The Parties choose the outcome, not the Mediator or anyone else
Saves Time
Saves Money
Confidential
Successful
Flexible

For Domestic Specific Mediation, click here (Divorce, Custody, Paternity, Etc.)

Mediation Styles

Mediations can be as different as the mediators. While mediators tend to gravitate towards a certain style, most mediator's tend to move along a continuum of styles. If there is a more appealing style to the parties, SDRS will accomodate them. The three main forms of mediation styles are:

Evaluative - In Evaluative mediation, the mediator provides opinions to the parties as to possible resolutions of the dispute or provides evaluative feedback on the merits of the parties' positions, often based on the law.

Facilitative - Facilitative mediation focuses on assiting parties to negotiate by restoring communication, helping to create resolution options, and avoiding coercing the parties to a settlement.

Transformative - Transformative mediation is based on empowering each party as much as possible, and by each party recognizing the other party's needs, interests, values and points of view. The mediator strives to avoid any suggestions as to content, to give opinions, or to steer the parties in any particular direction during the process. The potential for transformative mediation is that any or all parties or their relationships may be transformed during the mediation.

For more information about Mediation, please see our FAQ!

*By law a mediator may have to disclose certain things, such as unreported child or elder abuse. All such exceptions to confidentiality are addressed in the Mediation Agreement signed before the mediation.