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Applications of Mediation

Mediation is an appropriate resolution technique in any area of conflict, including:

• Divorce
• Business Issues
• Property Violations
• Gender Difficulties
• Community Disputes
• Consumer Conflict
• Family Contention
• Parent-Teen Conflict
• Harassment
• Housing Disputes
• Real Estate Transactions
• Education Concerns
• Workplace Disputes
• Interpersonal Disputes
• Inheritance/Elder Issues
• Landlord/Tenant Disagreements

What Is Mediation?

Mediation is an informal, professional, voluntary dispute resolution process in which an impartial person, trained in facilitation and negotiation techniques, helps parties reach a mutually acceptable resolution. Mediation is different from arbitration and litigation in that the mediator does not impose a solution on the parties but rather works with them to create their own unique solution.

    Mediation is flexible and creative and varies from case to case depending on the parties' needs. The participants meet face-to-face, and the mediator helps the discussions remain focused and productive. The mediator may hold private caucuses with each party separately, carrying messages or clarifications back and forth to facilitate the negotiation process.

    Mediation can be binding or non-binding, depending on the parties' preferences. The emphasis is on fashioning a solution satisfactory to all. However, if the parties cannot negotiate an acceptable settlement, the process can narrow and clarify the issues to be arbitrated or litigated later. Either side can stop the mediation procedure if dissatisfied with the mediator or the process.

    Most significantly, mediation empowers the participants in that they can explore creative and innovative solutions that the parties - caught up in adversarial negotiations - might never contemplate.

Professional Credentials

Sandra Kluth holds a BA in Business Administration (University of Montana), a Paralegal Post Degree Certificate (Yavapai College), a Mediation Process Certificate (CDR Associates of Boulder, CO), and has completed Conflict Management Studies coursework (Sonoma State University in Rohnert Park, CA)

Location

922 S. Rosa Linda Drive
Pueblo West, CO 81007

(719) 543-4854.   Hours: by appointment.
Email: inaccord@q.com

Benefits of Mediation

EMPOWERMENT: Mediation belongs to the parties. They control the process, scheduling, costs, and outcome of the dispute. Either side can stop the mediation if dissatisfied with the mediator. Sources state that 80% or more of submitted business disputes are settled through mediation.

LESS ADVERSARIAL: The setting and process are informal and less confrontational and less intimidating than arbitration or litigation. Oftentimes, working relationships can be maintained after resolution.

PRESERVES OPTIONS: Parties can enter into mediation without jeopardizing their option to arbitrate or litigate.

SWIFT SETTLEMENT: Most mediations are successfully concluded in a single day. Since mediation can be scheduled soon after a dispute arises, parties reach settlement much earlier than in arbitration or litigation.

LOWER COST: Mediation usually entails lower legal and preparatory costs. There is minimal interruption of business or personal life and productivity. Fees and expenses of mediation are modest.

PROTECTS PRIVACY: Mediation offers greater confidentiality than arbitration or litigation.

CREATIVE SOLUTIONS: Mediators help parties craft creative solutions specific to their needs.

LOW RISK: Settlement potential is high. The case proceeds quickly. There are tremendous benefits even if a settlement is not reached.

IMPROVES COMMUNICATION: The mediation process is all about meaningful conversation in a safe setting. It defuses emotions and defines areas of agreement and specific dispute. Sometimes parts of a disagreement can be eliminated, narrowing the issues left on the table needing to be litigated. Often parties are able to continue on with a business or personal relationship after the mediation process.