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One woman is trying to inform people there is an alternative to civil lawsuits.
Lisa Collins Werner, owner of Consensus Mediation Group, said, “Disputes turned to litigation because (people) didn’t know there was another way to handle it.”
The alternative is mediation.
Mediations are voluntary and confidential. A neutral third party, a mediator, presides over a meeting and helps people discuss difficult issues to negotiate an agreement. The mediator has no decison-making power over the outcome.
Today is the third-annual Conflict Resolution Day, an international celebration aimed at increasing public awareness about conflict resolution and its benefits.
The Association for Conflict Resolution’s (ACR) Board of Directors adopted a resolution in 2005 which designated the third Thursday in October as Conflict Resolution Day. The group then coordinated its efforts with local, state and international conflict resolution groups to build interest in holding celebrations.
Events were held in Canada, Portugal and 22 U.S. states in its first year.
Three countries — Jamaica, Portugal and Venezuela — and 17 states in the United States celebrated this day last year. Canada, France, Portugal and 11 U.S. states will celebrate Conflict Resolution Day this year.
Werner said individuals and businesses oftentimes are more satisfied with mediated decisions than litigated decisions. Werner — who is licensed to practice law in Missouri, Illinois and Tennessee — said she has found people like “sorting out things themselves instead of having a judge (decide).”
People feel more comfortable openly discussing issues in a mediation, according to Werner. They also deal with the real issues at hand, whether they are technical or emotional ones. During a mediation they are “in control of the process and outcome,” so they are able to find a solution that allows them both to win. Whereas during litigation, they have to “take a side and stance — (so) they have to stand firm and stick to their guns,” and the outcomes aren’t always as good, Werner said.
Companies use mediations for a lot of companies and for a variety of purposes. According to the ARC’s Web site, the nation’s largest employer — the United States Postal Service — conducts over 10,000 mediations a year. Sixteen states require some form of mandatory mediation, according to the National Center for State Courts. Another 16 states have voluntary or discretionary applications of mediation in a variety of cases including divorce, child custody and landlord/tenant disputes.
Doctors’ offices use mediations for collection disputes, Werner said. Many contractors also use mediations with their subcontractors to address concerns about the quality and timeliness of their work. This allows the parties involved to “save their working relationships instead of having (them) severed as a result of some sort of litigation.”
Mediations are available to individuals after they have filled a lawsuit but before the actual litigation begins. Eighty percent of mediations are settled amicably, Werner said. Most mediations cost between $200 and $400 an hour and the parties split the cost. They usually last between two and four hours.
While mediations expedite the trial process, “it’s not going to eliminate the need for litigation because sometimes it is necessary,” Werner said.
The dispute resolution section of the American Bar Association (ABA) says a dispute is appropriate for mediation if:
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