What is Mediation?

Generally speaking, mediation is a voluntary process. The parties sit down with a mediator, but the mediator does not make a decision as to who is right and who is wrong. The mediator facilitates the negotiation between the parties and will assist the parties in arriving at their own solution by helping them:

1. look beyond positions taken and realize what their interests really are;

2. Think creatively about how these interests can be satisfied.

An ADR (Alternative Dispute Resolution) professional will assist the parties to look behind their “positions” to determine what their interests are. What stands at the heart of the problem? What are the parties’ real, and often unspoken, goals?

Conflict is inevitable. It can throw a wrench into the best laid plans.  Let it run its course and it can ruin a partnership, a business relationship, a workplace, even a career, wasting time and resources. Visio Investigations can help our clients deal with conflict proactively and professionally - so they can stay focused on their business and long term interests before a conflict takes on a life of its own.

Why Mediate ?

Mediation is a process...

Parties in dispute choose a mediator, an impartial person, who helps them reach their mutually-acceptable settlement.

Mediation is an alternative...

It is available to resolve disputes in such diverse areas as family relationships, accidents, banking, finance and commerce, consumer contracts, insurance, leases, real estate and transportation.

Mediation is recommended...

Judges and lawyers suggest mediation as an alternative to litigation. In many cases, through mediation, the parties reach agreement, thus saving themselves emotional and financial costs.

Mediation is a first step...

It is one way of reaching a mutually acceptable settlement. If Agreement cannot be achieved, the parties can still take other action, such as arbitration or legal proceedings.

Mediation is faster...

The process can begin immediately, whereas disputes settled pursuant to court proceedings often take years.

Mediation is private...

You do not have to reveal your personal concerns in an open court of law.

Mediation costs less...

If both parties want to reach a settlement through mediation, the skill of the mediator can help them reach a solution in a short time.

Alternative Dispute Resolution

The continuum of services known as Alternative Dispute Resolution includes all dispute resolution services that keep a client out of court. “Alternative” is the alternative to court. 

The ADR Continuum

The continuum moves from resolution processes that leave the settlement options in the hands of the parties, to those which place authority for resolution in the hands of a neutral third party. The continuum can include negotiation, early neutral fact finding or evaluation, mediation (facilitated negotiation), restorative justice, cooperative settlement conferences, judicial settlement conferences, med-arb, mini-trials and arbitration.
The earlier in the life of the conflict that a resolution process is applied and the more that the responsibility for resolution lies with the parties, the better off the parties are, in terms of cost, time, privacy and the maintenance of relationships. After all, the solution to a dispute that parties devise for and by themselves will be easier to live with than one that is imposed upon them. When you as a professional notice that your client has a problem - or a situation that might lead to a problem - and you assist them in resolving it quickly and cost-effectively, you have provided a value-added service.