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About Mediation

Mediation—better, faster, less expensive results

When people have disagreements or disputes with one another, jumping right into court is usually not the smartest or most effective course of action. Litigation can be frustrating, stressful, time-consuming and costly.

 

 

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Areas for mediation

Family
Divorce
Post-Divorce
Separation
Parenting Plans
Elder Issues
Financial Issues
Trust and Estates
Other

Real Estate
Purchase and Sale Agreements
Easements
Adverse Possession
Trees
Land Use
Zoning
Landlord/Tenant
Other

Workplace/Business
Discrimination
Business Disputes
Contracts
Merchant/Consumer
Other



Cape Cod at dawn

Advantages of mediation

Mediation is:

voluntary the parties can simply agree to do whatever they choose
informal sessions take place in a comfortable, safe, controlled environment, NOT in a courtroom
confidential privacy is guaranteed

Mediation can save time, money and relationships. A trained, impartial third party professional—of both sides’ choosing—listens and helps identify the real issues underlying the dispute and helps the parties craft a mutually acceptable agreement.

Unlike Litigation or Arbitration, where there are necessarily a winner and a loser, Mediation is about assisting the parties to reach a solution that is agreeable to both parties, a win-win solution.

The mediation process

Mediation is a private process in which a neutral third person, a mediator, helps the parties discuss and try to resolve their dispute. The parties have the opportunity to describe the issues, discuss their interests, provide each other with information and explore ideas for the resolution of the dispute. The process is “voluntary” in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves.

Mediation Cape Cod employs a patient and collaborative approach to problem solving. Our neutral professionals help parties discuss and attempt to resolve their dispute in a relaxed, comfortable and professional setting. The process usually starts with the parties and mediator together in a joint session. After the introductory joint session, the mediator separates and shuttles between the parties, and may bring everyone together for additional joint sessions if needed. Mediation Cape Cod does not make a decision for the parties, but rather helps the parties find an agreeable resolution. When the parties agree, Mediation Cape Cod can help draft a written contract, which may be enforceable in court.

 
       
 
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