Mediation to The Rescue in High Conflict Case

Certainly mediation offers many benefits to those conflicts where parties simply are not communicating well or are in disputes over smaller issues. With the intervention of a trained mediator, however, high conflict solutions may have a lot to gain with this form of alternative dispute resolution.

The first reason that this can be beneficial for individuals in high-tension conflicts is that the nature of litigation only tends to exacerbate differences between parties. Litigation encourages each party to prepare their "side", coming to court to duke it out. Mediation, on the other hand, provides a neutral third-party mediator where each party has an opportunity to discuss the issues calmly and rationally. This can be great for cooling the heels of heated parties and keeping the tension to a minimum.

Choosing to go to court also increases the chances of miscommunication and conflict escalation because you tend to rely on a proxy to share your opinion (like an attorney). A neutral mediator, on the other hand, will have experience in directing conversations in a constructive and valuable way, reducing the likelihood of further conflict escalation.

A mediator also has the potential to serve as a buffer between the two parties. Unlike a litigation attorney, a mediator is not focused on a "winner takes all" scenario so parties will be able to play a bigger role in developing their own solution. These solutions can be more amenable to all involved parties and show greater creativity than some decisions handed down by judges.

Finally, mediation might be suggested for your case when all other efforts have failed. At this time, it is tempting to think that nothing will work to close the issue, but shifting the tone of the conversation under the guidance of a mediator can have a tremendous impact on your ability to resolve the situation. A mediator will help keep the conversation on track so that you are only focused on the issues vital for resolution. Mediation tends to take less time, so even if your issue has already gone through some stages of the litigation process, you can still benefit from working through the dispute in a different way. For many different industries and fields, regardless of the level of conflict between the two parties, mediation provides a safe, welcoming, and constructive atmosphere where individuals can work together under the guidance of a mediator to create immediate and long-term solutions.

Take advantage of what mediation can bring in resolving a high-conflict case. Call M. David Halpern at 814-940-1565 and talk to him about your concerns or visit http://www.halpernmediation.com/ . Based in Altoona, Pennsylvania, David practices mediation and arbitration of commercial, labor, personal injury and medical malpractice issues, both privately and for the court systems. Rate this Article

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David Halpern has published 4 articles. Article submitted on November 26, 2013. Word count: 399

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