TITLE

Mediation: The Win-Win Solution

AUTHOR(S)
Vessenes, Kathernne
PUB. DATE
October 1996
SOURCE
Journal of Financial Planning;Oct96, Vol. 9 Issue 5, p18
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines various aspects of mediation and advocates its use for effective dispute resolution. Mediation is one of the techniques that have come to be known as Alternative Dispute Resolution, designed to avoid costly litigation. It is a voluntary process where a neutral third-party mediator helps the parties find common ground and negotiate a final settlement agreement. Since mediation is non-binding, the parties must contractually agree to accept the final settlement. The National Association of Securities Dealers, CFP Board of Standards, and leading financial planning professional and trade groups have all endorsed mediation. There are many benefits of mediation like. Most parties appreciate being able to help craft a suitable resolution as opposed to having a solution imposed upon them by a third party in a binding arbitration or litigation proceeding. With parties focusing on creating a mutually acceptable solution, the entire process is not only less formal, but less adversarial and confrontational that, arbitration or litigation. Once mediation begins, the mediator will meet with each party privately and with all parties together. The private sessions are called caucuses.
ACCESSION #
5560007

 

Related Articles

  • Forget litigation--conflict resolution is cheaper and faster. Fujimoto; Oken, Robert // Business Journal Serving Fresno & the Central San Joaquin Valley;11/22/99, Issue 322541, p13 

    Offers advice on conflict resolution in the workplace. Option of litigation; Role of a mediator in conflict resolution; Sources of information on Alternative Dispute Resolution.

  • A practitioner's guide to mediation. Smyth, Philip; Hyland, John // Accountancy Ireland;Feb1999, Vol. 31 Issue 1, p20 

    Presents a guide for accountants on the use of mediation in resolving disputes in business. Background on development of mediation and alternative dispute resolution; Three phases in commercial mediation process; Areas of application of mediation for the accounting profession; Advantages of...

  • CONTRACT DISPUTES. Glasner, Kenneth // Dispute Resolution Journal;Aug-Oct2000, Vol. 55 Issue 3, p50 

    Explores the role of alternative dispute resolution in contract disputes. Negotiation; Mediation; Adjudication.

  • FAIR TO MIDDLING. Parkin, David // Lawyer;4/19/2004, Vol. 18 Issue 15, p23 

    Focuses on the practice of mediation in Great Britain. Increase awareness of alternative dispute resolution (ADR); Percentage in the overall increase in mediation cases; Basic concepts of mediation.

  • Justice Outside the Courtroom. Hellen, Beth // Disclosures;May/Jun2012, Vol. 25 Issue 3, p26 

    The article discusses the significant role of alternative dispute resolution (ADR) in resolving conflict in business outside the courtroom. It notes that ADR, which is more economical and private, is a method which include arbitration and mediation, that can be used by companies to resolve...

  • Making Commercial Mediation Work for You! Daly, Stephanie // Contact Magazine;2012, Vol. 12 Issue 3, p65 

    The article focuses on the efficacy of mediation in addressing business-related disputes. Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Details on the theory behind mediation are...

  • Mediation and Legal Literacy. Tomlinson, Elizabeth C. // Community Literacy Journal;Spring2011, Vol. 5 Issue 2, p75 

    This study uses fieldwork to investigate the sponsorship of legal literacy within a court mediation program. This examination of institutional involvement in literacy sponsorship demonstrates the ideological nature of literacy by showing the importance of context, investigating literacy-based...

  • DRC Gains New Ground as an Approved Mediation Agency.  // Contact Magazine;2010, Vol. 10 Issue 4, p44 

    The article reports on the certification of the Dispute Resolution Centre (DRC) as an approved Mediation Agency in Trinidad and Tobago. It notes that DRC's roster of mediators include experts in business, law, and industrial relations. It has 15 years experience in mediations and an effective...

  • Teaching Mediation: The Need to Overhaul Legal Education. Kraemer, Karen D. // Arbitration Journal;Sep92, Vol. 47 Issue 3, p12 

    One major key to unclogging the courts is to integrate the concept of mediation into the way American society resolves its civil, business disputes. This requires a radical change in the way outside counsel, particularly litigators, assess cases and advise clients. This also will necessitate...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics