Unlike other efforts at resolving a personal injury dispute, mediation does not rely on the outcome from a confrontation. Instead, it works to achieve a compromise.
Significant features of mediation
It requires the presence of a mediator. The mediator speaks with both of the disputing parties and tries to bring them closer together. All of those taking part in the mediation must follow the rules:
–Statements made at mediation session not admissible in court.
–The plaintiff has the right to propose a method for resolution of the disagreement.
–The defendant also has the right to propose a method to use for resolving the disagreement.
After the mediator has spoken with both parties, the nature of the mediator’s role enjoys some decided flexibility. The mediator could act like a shuttle diplomat, spending more time with each of the disputing parties. Mediators strive to highlight the other side’s concept for what has happened. A successful mediator helps each side to re-frame their view of the other side’s problems. Consequently, Injury Lawyer in Mississauga knows that mediators relish achievement of a settlement between the 2 disputing parties.
Mediators cannot force either party to accept an agreement. If either party agrees to take part in a mediation session, then he or she should have a sincere desire for achievement of an agreement. If an initial mediation session fails to yield an agreement, the two parties are allowed to schedule a second similar session.
Who can serve as a mediator?
In the past many retired judges took on that role. Judges have learned not to take sides, when to parties argue. Still, the legal system realized that it could not depend on the availability of retired judges, especially if it hoped to promote the utilization of mediation.
For that reason, some law schools now provide their students with a chance to take a course on how to mediate a dispute. Students of that course are trained to take on the mediator’s role. Like retired judges, those students do not charge much for the utilization of their services.
Students that need to fill a mediator’s shoes enjoy the chance to learn more about alternative methods for resolution of a dispute. The mediator’s approach makes a stark contrast to the conflict-prone atmosphere in a courtroom.
That approach allows an agreement to emerge from a discussion, instead of insisting on the ordering of a solution. That same approach tends to make both sides happy. That is why those law school students that have learned to fill a mediator’s shoes relish their chance to take part in a decidedly unique process. Justice can take many forms. Mediated sessions serve as an excellent example of an alternate way to weed out justice.