Mediation Description and Benefits

Mediation resolves disputes by facilitating agreement between the parties. The mediator does not decide the outcome, but helps the parties develop a solution that is acceptable to them. This "self-determination" is the fundamental difference between mediation and the dispute resolution processes of litigation and arbitration, in which a judge, jury or arbitrator determines the outcome.

Alan Wiener is available to mediate a wide variety of pending civil cases and unfiled real estate, business, personal injury, employment, community and public policy disputes. Some specific fields in which he has knowledge and experience are listed in Subject Areas.

Alan Wiener facilitates agreements by helping the parties and their representatives:

  • examine the facts, issues, and interests involved
  • identify and evaluate possible solutions to the dispute
  • assess the alternatives to reaching an agreement
  • negotiate a resolution that is acceptable to all parties

A variety of mediation tools and techniques are used, depending upon the circumstances of the participants and the dispute. Some mediations involve face-to-face conferences, some are conducted exclusively by telephone or online, and others involve a combination of communication channels.

Mediation offers many potential benefits and advantages over other dispute resolution processes. Some are identified below, however these may vary from case to case. Parties or their representatives are invited to consult Alan Wiener concerning the appropriateness, benefits and possible manner of mediating any particular dispute.

• Mediation is typically much faster and less expensive than litigation or arbitration.
• The time, location and other logistics can be arranged for the participants' convenience.
• Communications and resolutions are ordinarily private and confidential.
• The mediation process can be adapted to best address the particular dispute.
• Mediation helps the participants communicate their viewpoints and understand each others' perspectives.
• Mediation can address important concerns of the parties that are disregarded as "irrelevant" in litigation and arbitration.
• The parties can agree to solutions that are not available remedies in the other processes.
• A mediator can help the parties objectively assess whether and on what terms to settle.
• A mediator can help the participants overcome obstacles to negotiating an agreement directly.
• Parties are usually more satisfied and likely to comply with solutions they have agreed to than those imposed by others.
• Mediation can improve business and personal relationships and prevent future disputes.