Being glad that both parties in dispute are responsible and wanting to resolve a matter are good first steps any mediator loves to see, usually accompanied with a congratulatory praise. A mediator is grateful that both parties are present, because they know that it is not easy, considering the circumstances that brought the parties to mediation. Mediators help by reaching an agreed-to resolution to a dispute, through compromising. Most will ask for the disputants to have open minds with the main goal being to resolve their dispute.
In the unlikely event that a resolution is not reached; the dispute may be heard by a Judicial Officer, such as a Judge, where both parties in dispute may get what is not wanted. A goal of a mediator is to remain neutral by not favoring or not taking sides, because it allows for the impartial helping of the mediation towards a resolution. In the event either of the parties hears that a mediator is not neutral, they are encouraged to bring it to the attention of the mediator, so that clarification may be sought, or by the mediator correcting themselves.
There are a few guidelines and rules designed to help in resolving disputes that a mediator may mention. Some of them are: Everything said is confidential and may not be recorded, whether by audio or video, except as provided by law, kindly, asking each of the parties to not interrupt while the other is talking, and, the concept of, caucusing, where the mediator or the parties may seek to meet separately. So, if the parties hear the mediator say, “caucus,” that means the mediator places each of the parties in separate rooms, then the mediator communicates back and forth between both of the parties in dispute. Either of the parties may, also, request a caucus at any time, during the mediation, because of several reasons that would personally appeal to a party, such as one party not wanting the other party to hear of a personal issue, relating to their individual comfort in mediation. The mediator will then ask for any questions. Once questions are answered, the mediation begins, with the main goal being to resolve the dispute through compromise.
We offer professional mediation services, whether court-ordered or not to mediate between parties in dispute. From partnerships to LLC’s, to S-corps to Sole Proprietors, we actively help businesses become successful and provide skillful commercial real estate advisory, purchasing, leasing and brokerage services. Leverage our experience, since 2004, in commercial real estate and business Ownership and Operations best practices, know-how and how-to, to mediate disputes, by contacting us.
