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jeudi 21 mars 2013

Pursuing The Best Mediation Charlotte Provides Is Often A Wise Course Of Action

By Christi Larsen


Many people choose mediations as opposed to settling a dispute in a court of law. The term mediation refers to a type of assisted negotiation, during which a neutral third-party, called a mediator, helps the parties that are in dispute to come to an agreement and resolve their difficulties. When in need of mediation Charlotte residents should seek professionals who are trained to facilitate discussions of this type and help the disputing parties to arrive at a mutually satisfactory solution.

A solution may or may not be agreed upon during such proceedings. However, it is essential to understand that it is not the mediator who determines the outcome, but rather the involved parties who must ultimately reach a decision. The mediator, as one may suspect, is merely a person who offers advice, guides the conversations to keep them focused on a solution, and helps to prevent arguments and outbursts.

There are several important aspects involved with mediations. For instance, the process is strictly voluntary. Unlike a trial in a legal court, an individual can exit the mediation at any time, regardless of his or her reason. One or both involved parties can abruptly choose to drop the procedures and seek legal action if they suddenly decide they are not happy with the progress of the meeting.

Mediations are also collaborative, which means that no one can impose anything on another individual. Rather, each person is usually encouraged to work with the other participants regarding the type of dispute being argued and the best way to resolve it in a mutually-satisfactory way.

A process of this type is also kept strictly confidential. If a mediated agreement is signed and finalized, the information contained therein is not made public by the mediator or the company for whom he or she works. However, the individuals of the disputing parties have a right to communicate what was said or done during the meeting if they so desire. The mediator does not have the authority to order anyone's silence.

An individual can decide to have a lawyer present at this kind of meeting. When the mediator addresses the person, the latter can ask his or her attorney for advice before making statements or answering questions. Participants have their own decision-making power, however, and do not have to go along with the suggestions made by their lawyer, even if such a professional is representing them during the mediation.

Mediators almost always encourage each person to seek legal representation before signing any agreement. However, whether or not one follows this advice is entirely up to that individual. The presence of a lawyer is never required during any type of mediation.

Qualified mediators are not bias and do not hold either party in favor over the other. They do not try to pressure the participants into accepting a specific solution unless each member is equally satisfied with the final result. The individuals involved in the process make such decisions, and the mediator is merely there to ensure that each person is properly informed and acting in a voluntary manner when an agreement is finalized, rather than being coerced or intimidated. Ultimately, the mediation Charlotte residents pursue may be highly beneficial in helping them to avoid the need for legal action.




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