Please let me share with you, dear readers are very open. The purpose of this article is that mediation to convince litigating disputes technique adequately reflected in most civil cases. First, what is mediation? Mediation is a process for dispute resolution or ADR, in which a neutral third party invited to facilitate the negotiation process in order to bring both parties to an agreement. A mediator acts as a neutral unbiased, whose work is, the level of communication and expand the possibilities of an agreement between the parties to the dispute to increase. It does not work In other words, a referee, a judge and not give his decision on who is right or wrong; on the contrary, will help a mediator, the parties to decide what resolution works for both. Today, some of you may be wondering why it is necessary to use third-party services that would achieve the same result, they can only do so to talk to the opposition. Good question.
Imagine:
You've been involved in a traffic accident moderate in the other car is a stop sign at an intersection of two roads, which had the road on the right. Your car is destroyed, stiff neck and adrenaline through the roof. Which it was hit in a similar way, but fortunately, the two are alive and able to bear the consequences. They exchange insurance information, get your car towed, obtain police reports and get a check to the hospital. One or two days after applying this person and rsquo; the insurance company and in the process, he or she had convinced the insurance company assumes it was his fault. Ask now do with this person face to everyone remember in your head to find the face, a friendly solution all his feelings during and after the incident. Would you be able to contain even yell at and beat the box? In most mediations car accident, I was, to be placed as an opponent in the same room and asked and ldquo; talk & quot; someone always loses his temper. But as mediator, I do not have the power to separate them, and pass the message parte, to reach an agreement.
Insurance often use mediation as a means to settle the case to trial. In many states, mandatory mediation ordered by a judge, is a very common and proves to be an extremely effective practice. However, it will only trigger rare for most lawyers or people in liquidation mode. The fact is that you should not use the services of a lawyer to ask for mediation with your insurance company or anyone else for that matter. [Note that an intermediary is not authorized to practice law in mediation and advice in the process.]
What about other conflicts, most common fields, as a neighbor, family, credit card companies, furniture store, cleaning or coffee in the corner? What happens when you can not get a stubborn dispute with the manager or employee resole? Mediation can help you? The answer, as you guessed is yes, but there is a but. Sometimes a professional mediator adjustment may be too expensive to solve a simple problem. The costs of mediation may not exceed the amount of the claim or liquidation value per se conflict. But do not despair, you can always ask a friend.
Recently, I accompanied a friend of mine in a short to pick up the vehicle from a service appointment with a dealer trip. We did not have a problem. It seems that your vehicle was not only not ready at the time of recovery, but the part that should be replaced in the vehicle not even ordered. To make matters worse, the car still had a limousine and thought to make a selection for that night. Needless to say that my friend was very, very angry.
the granting of management, whose name in my favor I go, it was not very close to a solution. All they have a lot of excuses not make much sense. After about thirty minutes of discussion and my friend calls simply said you can not deal with them and asked me to intervene. After the two separate parts, I discovered that the big damn repair service. The party is in one mile warehouse and the van was gone. I immediately asked a question of how long the installation of the party would take if they had hands. She informed me that there would be greater than 1/2 time, and they were ready to charge to install the game. Then I explained the situation to my friend; He and I have our heads together and decided to call one of his driver near the storage room for the piece and returned to the dealer. It has a resolution reached and the sedan at the time was in the service.
Do not be afraid to call a friend if you need to transmit. When working with an unforeseen problem of our anger and disappointment are often temporarily blind us to face our problem solving. Just find someone who is not directly involved in the dispute and will be able to separate / she is contradictory of it, you can find a mediator in all of us. This brings me to another advantage, and perhaps most importantly Mediation and ndash; Relations.
Very rarely hear about friends someone after litigation (trial) to stay. Especially people spend thousands, if not hundreds of thousands of dollars, months of preparation and effort, and a huge amount of concern, to play the game not want anything to do with violence. Mediation saves relations. Friends are friends, companies retain associations, families stay close and debtors are relieved. Where disputes over applicable to most focus on specific problems, for the most money. Mediation can help to talk about the underlying problems that caused the conflict in the first place. Like Western medicine cures the disease, Oriental medicine focuses on what causes the disease appears.
True story: A girl of no more than ten years has been hit by a truck on the other streets and died on the spot. The family sued the company using trucks and listening to the driver. The case was pending for years; the insurance company intervened to society and try to reach a monitored amount that could relieve parents and rsquo; s pain, but could not. A judge asked weight in case of dispute, to try to solve this case before trial. The family was offered about $ 20 million, but would not accept the settlement. Finally agreed the double-sided, to mediate the case. The Ombudsman long for parents to talk to try to see what prevents resolution. It was the amount offered money or was it something else? After six hours, which is probably the mediator and rsquo; the most emotional cases of parents revealed their feelings. The most important thing was that his daughter had disappeared very early. His life was cut short, and its existence would be known by anyone except the family and relatives. With this information, the Ombudsman explained to the insurance company the situation. existence; After much thought, someone suggested placing a permanent plaque at the intersection where the accident occurred, the girl and rsquo recalls. It came to an agreement.
In this situation, the money had no value for the family, but the memory of his daughter was not. judgment was originally for a half the height reaches family offered, but twice as sentimental value, I would have never had an argument.
Recently the word mediation appeared more frequently in news magazines, movies, radio and businesses, but in most of these phenomena, the situation in which the mediation procedure used was, on a much larger scale than any situation staff each of us can have. Mediation is for the masses. We can use mediation to resolve all our differences and cultivate relationships. Mediators do it until everyone is happy and that promise a day ADR will remain for appropriate dispute resolution, but it must start with you.
