Frequently Asked Questions (FAQ)
What is Mediation?
Mediation is a formal process where disputants work with a neutral third party to negotiate settlement. Mediation differs significantly from arbitration or litigation as the disputants are responsible for identifying solutions and converging on an agreement. Mediation is non-binding and disputants may resort to litigation post-mediation, however, escalation is uncommon. More importantly, mediation is conciliatory and restorative leaving participants better positioned to coexist in shared communities or industries.
What is Litigation?
A legal process where attorneys present a case with evidence to a judge who is substantially empowered to determine the outcome. Clients have little control or influence in the process aside from choosing an attorney and providing evidence. Participants are legally obligated to comply with the judge’s ruling, however, in practices disputants sometimes resort to subversive behaviors to delay collection or compliance with legal verdicts. It is generally accepted that litigation does little to recruit buy-in from stakeholders making agreement compliance more difficult to sustain long-term.
What is Arbitration?
A formal process to settle disputes using a neutral third party whose decision the disputants agree to accept. Arbitration seeks to obtain a fair resolution of disputes based on the criteria defined by the participants. During arbitration, disputants present each side of the situation with supporting evidence directly to the arbitrator. The arbitrator decides the final outcome which is legally enforceable depending on the type of award.
How is Preventative Mediation Different than Traditional Mediation?
Preventative Mediation uses a holistic and long term approach to dispute resolution. The discover process is more involved, participants are asked to share equally in resolution setting, self governing contracts are created and a restorative plan is implemented in an effort to make sure the problem doesn’t arise again in the future. In short, traditional mediation deals with a problem in the singular, while PM deals with the ecosystem of the problem.
What is the three-fold risk?
During any dispute there is a three-fold risk to business of profit, cost and capital reserves. How do business entities overnight increase profit, control costs and pay for the expense of a long running dispute while not draining their capital reserves? In PM we study the position of each entity and disputants create the best plan of work to determine the entities ability to repay, build internal support systems for managing the risks and work for equitable and achievable performance standards in the collateralize agreement. Why is that important?
In today’s economy businesses’ deal with constant disputation of unpredictable changing costs in a currently toxic economy. Therefore principal one “profit” during the distraction of a dispute will not adequately provide the sustainability nor the resiliency required to reduce debt and maintain capital reserves. Each day you open for business unless have well managed low costs and surplus of capital in your stored cash reserves a long running expensive litigation or trial fees may cost your business’s lively hood.
Every entity financial margins of requirement to balance and regulating the business portfolio. Each business carries different capital reserves, is challenged with different costs and maintains different profit margins. The PM approach is a restorative process that meets every entity uniquely where it currently stands and moves the professionals forward to be at their best when dealing with the three fold risks.
What is rightmindedness and why is it important?
Rightmindedness is the bitter root of a closed mind and profitability does not live there. You may risk your future in business by believing you are completely right. The consciousness of rightmindedness has won very few battles. After unlocking the blocking force of rightmindedness in the PM communication training process businesses appeal to the powers of reasoning by figuratively pulling together the parts of their argument that is irrefutable and building on the mutual gains platform to override their rightmindedness while collaboratively meeting the other party in a well-planned and guaranteed performance oriented settlement agreement.