As you may noticed there is increasing use of mediation by the courts, businesses, and
governmental agencies. All indications are that mediation is increasingly being
recognized as a useful tool to disputants and the attorneys who represent them. Judges are
not only encouraging the use of alternative dispute resolution methods but also ordering
their use. This course of events can be a resource to you but also a challenge. If you
have had the opportunity to be involved in the use of mediation you may or may not have
had a productive experience. Mediation is a very flexible process, however results
are the measure of any activity. We are strong advocates of facilitative mediation that
produces agreements with minimum delay and maximum agreement. We also see mediation
as an alternative to litigation especially in cases where legal remedies are not
necessarily applicable or adequate to meet disputants needs. You are in a position to
select the best available process to meet your needs and also receive the legal advice you
need as you negotiate the chosen process. Legal representation allows a mediator to
concentrate on agreement between the parties with the assurance the parties have legal
advice focused on their best interest. When you are involved in mediation, either
proactively or by request, the most important initial decision you must make is the choice
of the mediator. Crawford Cox Alternative Dispute Resolution Services provides
mediators by agreement of the parties involved.
