Resources

What is Mediation?

Mediation is usually a voluntary and confidential process in which a neutral third party, known as a mediator, helps individuals
or groups resolve disputes through open communication and negotiation. Unlike litigation or arbitration, where decisions are imposed by a judge, jury, or arbitrator, mediation empowers the parties to reach their own mutually acceptable agreements.
The mediator does not take sides or make decisions but facilitates productive dialogue and helps clarify issues, explore options, and find common ground. This process can be used for a wide range of disputes, including family, workplace, business, and community conflicts.


What are the advantages of Mediation?

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Mediation offers several significant advantages over litigation. It is often faster and more cost-effective than navigating the court system. Mediation also reduces the anxiety and stress associated with lengthy litigation by providing a more collaborative and less adversarial process. Additionally, it empowers the parties to resolve their dispute on their own terms, rather than leaving the outcome in the hands of a judge, jury, or arbitrator. By focusing on the needs, interests, and emotions of those involved, mediation allows for creative and tailored solutions that address the unique circumstances of each case. Whether the parties are represented by attorneys or not, mediation provides a timely, cost-efficient, and personalized approach that alleviates much of the tension and anxiety typically experienced in drawn-out legal battles.


Is Mediation Right for Your Case?

Mediation can be an excellent option for many cases, particularly those where the parties are open to collaboration and wish to maintain control over the resolution process. It is especially beneficial for disputes where preserving relationships is important, such as family, business, or neighbor conflicts. Mediation is also ideal for cases where the costs and time associated with litigation are a concern, as it is typically quicker and more cost-effective than going to court. Unlike the courtroom, which leaves much more room for chance and may benefit only one party—potentially your opponent—mediation allows both parties to work toward mutually beneficial outcomes. If the parties are willing to engage in honest communication and focus on their needs, interests, and emotions, mediation can offer tailored and creative solutions that meet the unique circumstances of the dispute.

However, mediation may not be the right choice in cases involving significant power imbalances, unwillingness to compromise, or where legal precedent is required. Consulting with an experienced mediator or legal professional can help you determine if mediation is the best path for resolving your case.

We also offer domestic relations mediation. Our expert team of mediators can handle negotiations between spouses looking to file for divorce and split their assets amicably. The benefits of having a third party during your divorce proceedings and negotiations are essential to any legal disputes in a domestic relationship.


Choosing A Mediator

When choosing a mediator, it’s essential to consider their experience, training, and area of expertise to ensure they are well-suited for your specific type of dispute. While subject matter expertise can be helpful in some cases, it’s important to note that a mediator does not always need to be an expert in the specific field of the dispute. Often, a mediator with strong conflict resolution skills, active listening abilities, and a deep understanding of negotiation dynamics can achieve better success by fostering open communication and helping parties focus on their underlying interests rather than technical details.

Consider the mediator’s style—whether facilitative, guiding discussions without offering opinions, or evaluative, providing feedback and suggestions—and ensure they are impartial with no personal or professional ties to either party. Their ability to create a respectful and collaborative environment is paramount. Finally, review testimonials or recommendations to confirm their professionalism, fairness, and proven effectiveness in helping parties reach resolutions.

Recommended Books

Recommended Articles

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Additional Resources

ABA Dispute Resolution Section’s “Ask the Expert” Webinar

featuring Stevenson Carlebach | Moderated by Kimberly Best and Jon Lewis

Harvard Program on Negotiation (PON)

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Book an Appointment

Schedule a mediation with Jon, Danny, or Tom by calling Lewis & Feldman
locally at
205-254-6060 or toll-free at 888-295-7409.

You can also email us at jon@BirminghamMediators.com,  
dfeldman@BirminghamMediators.com, and tdavis@birminghammediators.com,
or click below for online booking.

BOOK AN APPOINTMENT
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Contact Us

Magnolia Office Plaza Building
2112 11th Ave. S. Suite 542
Birmingham, Alabama 35205

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Toll Free: 1-888-295-7409
Phone: 205-254-6060
Fax: 205-254-3939

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