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An attempt by the 2 sides in a dispute to negotiate a solution does not always reach a successful conclusion. Sometimes the 2 negotiating parties with their Personal Injury Lawyer in Barrie arrive at an impasse. At such a time, it pays to turn to an alternative approach, such as mediation.
Features associated with mediation
• It must be requested by both of the disputing parties. The 2 parties agree to split the cost of hiring someone that is trained to oversee the mediation process.
• No legal procedures get used. Each side gets a chance to present its argument.
• Presentation of arguments made in presence of a mediator. The person that hears the arguments does not make any decision and does not offer an opinion.
• No new documents are needed. Discussion focuses on documents used during the negotiations.
Stages of the mediation process
First, the mediator speaks with each party in the presence of the other party. Next, the 2 sides speak to each other as the mediator listens. The listener/mediator keeps discussion from becoming a face-to-face argument. Finally, each party has a chance to speak alone to the listener/mediator.
The mediator’s role
Mediators listen carefully to the arguments that the disputing parties present during each of the 3 stages. Frequently, mediators take notes, while listening. Their notes guide them during that final stage.
The mediator encourages each party to see the strengths, in the other party’s argument, and not just the weaknesses. In other words, the mediator’s role introduces an influence that was missing when the disputing parties simply negotiated. At that time, each party looked most closely at the weaknesses in the points made by the other side.
The source of that new influence (the mediator) urges the representatives for the 2 sides to reach an agreement. The mediator’s urgings have a single purpose, one that reflects the mediator’s intentions. A trained mediator intends to aid attainment of a resolution, one that pleases all of those involved.
Factors that aid achievement of success during mediation process
During an attempt at resolution of a personal injury claim, the insurance adjuster serves as the insurer’s representative. The adjuster comes face-to-face with the claimant. That forces the adjuster to see the human side of the claimant, as opposed to focusing on the claimant’s points, as expressed on the phone or in an email.
Both sides have agreed to pay the person that is supposed to guide them towards an agreement. That fact helps to reinforce their desire to resolve the disputed issue.
The resolve felt by the disputing parties equals that of the resolve that drives all mediators. Each of them has been trained to work on getting those that opposed each other previously to reach an ultimate agreement.