Mediation: Where you can communicate and negotiate better.

[@medinasadri]

Excellent! As a Florida Supreme Ct. certified mediator myself I applaud you for sharing this information. Especially the part of self determination.

[@fortunechuka1939]

Hi. Please would you rather use mediation or allow the parties to negotiate themselves for a business dispute.

[@4disputes]

Self-determination is almost ALWAYS how disputes and lawsuits are resolved. In the end, almost no one goes the distance to wait for lawyers and judges to actually try and decide cases.

[@4disputes]

@@fortunechuka1939 Depends. To make settlement negotiations meaningful, you need confidentiality and a commitment or obligation from everyone to participate. Adding a mediator adds a safe harbor which might make one or more parties more comfortable to talk.

[@sulero-zp3rd]

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[@Jay-hr3rh]

Thank you for saying "something has to give". As a family conflict mediator, I have witness alot of parents coming to mediation with the sole purpose of winning and manipulation.

[@4disputes]

A lot of mediation involves taking a fresh and more objective look at the strength (weakness) of both sides of a lawsuit. What has to give is unfounded unrealistic expectations.

[@JTheTravelDude]

Great video! Thank you for creating this! There’s nothing like it on KZbin!

[@jeffmarionpersonalinjuryla2966]

I like that you simulate what the room looks like and how the start of the mediation might go.

[@brendamartz2685]

Thank you for sharing your sound advise on mediation. I have my hearing this week and your video has helped me understand what to expect.

[@jeffmarionpersonalinjuryla2966]

Hope you did well.

[@brendamartz2685]

@@jeffmarionpersonalinjuryla2966 No, my case ended with no restitution. I should have changed attorneys when I felt they lost interest in my case. It was a horse accident and it has changed my life forever. An accident that should have never happened if the trail guide had done his job. Thanks for asking.

[@bobchristopher6928]

Great video. Thanks for your insight.

[@shukrihassanhared9701]

This Discussion Will Be Pavethe Wayfor Solution, After Long Time Misunderstanding , peaple Should Respect This Meeting Discussion.

[@4disputes]

Respect is compromised when a dispute arises. Then the parties lose trust in one another. Without trust, there can be no meaningful settlement discussions. Mediators serve as a medium for both parties to trust throughout the settlement process.

[@TheXboxeraser]

Outstanding. Very informative....

[@TheSuperdave100]

Great information. Outstanding!! 😊

[@LuxxSana]

Very helpful

[@LovingAtlanta]

👍Wow. Terrific. Thank you.

[@krsubramanian6637]

Very informative, short and crisp presentation

[@shukrihassanhared9701]

Everything Will Be Discussed In Discussion Meeting , Not Necessary Now Because of That Is Why What We Have Talked The Discussion Promised Your Side Is Being Waiting To Plan Day , Time But PM time Is Necessary According to Us . Thanks .

[@personalinjuryshow]

Awesome content.

[@4disputes]

Thank you. More content on the way.

[@besmart2350]

Other lawyers on KZbin say Mediation is non binding. They say if it’s binding then it’s called Arbitration. Are they wrong?

[@4disputes]

If an agreement is reached during mediation, it can be just as binding as a judgment in trial; however, its entirely up the parties in mediation to decide whether or not to settle and under what terms. Arbitration, on the other hand, transfers the power and discretion to decide a case from the parties themselves to a third party, i.e. the arbitrator who rules similar to a judge based upon evidence presented during the arbitration.

[@jenniferg6818]

I wish you were in Maine.

[@kirkcavanaugh1493]

I love it.

[@sl4983]

Lawyer and warrior rhyme.

[@mouse879]

The at fault party should just pay out to avoid all this that should be a law

[@jeffmarionpersonalinjuryla2966]

As long as insurance carriers can turn a buck delaying and denying claims, we're stuck with the situation we have. There are insurance carriers who have a strategy of delaying and dragging their feet.

[@justplay0621]

Well, generally speaking, that is the way laws are supposed to work, but you can't always expect people to follow the rules and do the right thing. When they don't, that's when you need mediators, lawyers and judges to figure it all out and encourage or, if needed, force people to get back in line.

[@mouse879]

@@justplay0621 your absolutely right

[@justplay0621]

@@jeffmarionpersonalinjuryla2966 Unfortunately, both avoidance and attrition are widely used legal strategies. As long as the perceived benefits outweigh the perceived costs, such tactics will continue. Change the laws, change the cost/benefit calculations or convince people to get more of a conscience.

[@4disputes]

Generally, that is how laws work. Unfortunately, people do not always follow the laws. Then what...There is no self-help, so we must rely on lawyers and judges to set them straight or we can try to persuade people to work things out on their own. That's what mediators try to do.

[@kulrich10]

So the mediator can just keep you there until they want to release you....?..

[@4disputes]

No, you are not held hostage, but you might be tempted to want to leave BEFORE all meaningly settlement talks have been discussed. Only the mediator will know when enough is enough because he hears everything from both sides not just your side. That's the power of confidentiality.

[@kulrich10]

Small investment of your time...on average you are at $1500 minimum

[@4disputes]

Do you think paying $1500 is too much to pay? May I ask, how much would you be willing to pay a lawyer to handle it for you in court instead? Litigation costs much more and statistics show that less than 5% of all lawsuits are ever actually tried. In other words, almost all lawsuits are settled out of court which is exactly where you can start with mediation.