At CRG, we seek to achieve the following 5 objectives in each dispute resolution engagement:
Explore all creative resolution alternatives to find the best possible realistic "deal" for both parties
Resolve the dispute collaboratively, attempting to preserve and improve the future of the relationship where warranted
Minimize the time and cost required to resolve all issues. This includes minimizing the time invested in the process by all parties to achieve resolution
What is MEDIATION ...
Mediation is a non-binding dispute resolution procedure controlled by the parties in the dispute. Neither party to a mediation can be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker and does not impose settlements. The mediator's role is, rather, to assist and guide the parties in reaching a settlement to the dispute both can live with.
Even when both parties agree to submit a dispute to mediation and have selected a mediator, either party is free to abandon the process at any time after the first meeting if they find that its continuation is not in their interest. However, the reality is that parties in business or financial disputes usually participate actively in mediations once they begin.
Mediation is a confidential procedure. In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. Further, if in order to promote a resolution to a dispute, a party chooses to disclose confidential information or make admissions, under mediation rules, that information cannot be provided to anyone; including in subsequent court litigation or arbitration. Mediation's confidentiality allows the parties to negotiate more freely and productively, without fear of publicity or disclosure of the proceedings or key information.
Mediation is an interest-based procedure. In court litigation or arbitration, the outcome of a case is determined by the interpretation of the facts of the dispute and the applicable law by the Jury, Judge or Arbitrator. In a mediation, the parties are guided by their interests. As such, the parties are free to choose an outcome that they control and that is oriented as much to the future of their relationship as to their past conduct. Experience shows that when both parties refer to their interests and engage in active dialogue, mediation often generates results in a settlement that creates more value to the parties than would have been created if the underlying dispute had not occurred.
WITH MEDIATION ... THE PARTIES ARE ALWAYS IN CONTROL OF THE OUTCOME
For any and all disputes, Mediation provides an opportunity for an individual to be directly involved in working out his/her problems with the opposing party. The resolution and settlement options available during mediation go far beyond what is available to a Judge, Jury or Arbitrator. This valuable self-determination feature will not be available to the parties once the process goes to trial.
Mediation is non-binding and confidential, so it involves minimal risk for the parties to be open and assertive in pursuing all possible options with the potential of achieving a mutually agreeable settlement generating significant benefit. And with Mediation, the parties are never forced to agree on any outcome that is not in their interest.
Finally, a knowledgeable and skilled third party mediator is often the catalyst needed to bring fresh new thinking to the table in resolving a difficult dispute.
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