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Mediation can be an informal and confidential way to resolve disputes with the help of a neutral mediator who is trained to assist in the negotiation process. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work through their own solutions.
It can often appear that non-binding mediation may lack the teeth necessary to compel parties in an antagonistic relationship to even speak with each other, much less resolve a complex dispute. This can appear even more so in a non-voluntary mediation as a required precedent to arbitration or litigation.
At CPM, we see mediation as a unique opportunity to interrupt the non-communication "war preparation" phase of a dispute and compel the other side to sit in a quasi-formal setting and devote a pre-determined amount of attention to your side of the story. It is the opportunity to display not only the strengths of your position, but weaknesses in their position that they may not have considered. It is the opportunity to give the other party the reasons why it is in their best interest to avoid the time, expense and effort of a prolonged litigation or arbitration and settle the dispute now.
Every successful mediation requires a sound strategy. The best strategies are based upon relevant experience and insight into the process . CPM is experienced at steering through the mediation venue, giving perspective to the pressures being generated by the mediator. We assist our clients in maintaining the steady hand needed to plot and maintain the right course. |