Saturday, January 29, 2011

Mediation Preferred Over Litigation

PT2 Mediation Preferred Over Litigation

The Moments Before Divorce, FitTV

Family Finance & The Mortgage Meltdown, FIT-TV

Creation & Utilization of Win-Win Via MEDIATION

Welcome to the first posting on Resolve 2 Evolve.

It is hoped in these various postings  to shift the dispute resolution paradigm from the initial first thought and "knee jerk" reaction of Litigating ("I'm Gonna Sue" the person/business) to the  various uses of Win-Win MEDIATION strategies for the resolution of disputes,in whatever the area one experiences conflict, from family disputes in family and divorce and child custody mediation to commercial business disputes.

Conflict is a natural, healthy and inevitable part of life, most disputes landing in the court system (and which literally take YEARS to adjudicate) have nothing what so ever to do with Legal Issues.Most conflict involves  perceived and actual issues of disrespect, mis-communication, misunderstanding,lack of clear and direct communication on specific issues common to all the parties, inability to reach consensus on important key issues; most of all dealing with the overarching  issues of COMMUNICATION and the inability of achieving a primary sender ---> receiver ----> mutually understood Communication.

There is not enough court time available to resolve the true issues facing the disputants in an adjudication paradigm. Usually, in most court cases it is an oxymoron(ic) in saying "I want my day in court" as this usually encompasses Y EARS, without ever having a Judge giving you any time what so ever to actually listen to you, the disputant. As the Court system is designed for you the disputant to speak via your attorney who is charged with acting aggressively within the bounds of the law to advocate on your behalf, however this may differ from what the actual problem is that sparked the initial conflict in the first place; and it is only the disputant's who truly know what the conflict is truly about and only they that can resolve the dispute in a way that is meaningful to BOTH parties. Mediation is the only process that works in a way that can allow disputants to move forward each achieving a Win-Win situation by using a qualified third party neutral, Mediator allowing the parties to facilitate a dialogue that meets their specific needs, desires and actualizes their ability to work out a settlement/resolution that is do able and durable over a long period of time; and that both parties can walk away, each perceiving they both won what they needed to win in order move forward in their respective lives.