Wilenchik & Bartness is expanding its mediation practicewith shareholder Becky Bartness leading the charge.So why choose mediation? What exactly is it?Mediation is a form of alternative dispute resolution(“ADR”) that has grown in use and popularity over the last decade. It is avoluntary process in which an impartial third party, the mediator, facilitatescommunication and negotiation and promotes voluntary decision making by theparties. The mediator does not function as a decision-maker like a judge orarbitrator. Nor does the mediator act as counsel for any party. The mediatoracts as a facilitator only. Think of it as not just negotiation with oversight,but negotiation with facilitation that focuses discussions, leads the parties toconsider a broader range of solutions, encourages reality testing of solutionsand parties’ positions, and moves the parties through impasses.Further, mediation gives the parties opportunities to defineand clarify issues in a comfortable, informal environment, understand differentperspectives, identify interests, explore and assess possible monetary andnon-monetary solutions, and reach satisfactory agreements.Mediation proceedings are confidential as provided in ARSSection 12-2238.Mediation is used in just about every context: contract,labor, community, landlord tenant, HOA, health care, or neighbor disputes, youname it. Whenever there is a dispute, mediation is available as a vehicle for resolution.It works because mediation creates a safe environment for party discussions andnegotiations, empowers the parties to work together to reach mutuallysatisfactory agreements, and occurs in the presence of a mediator withexperience and training in ADR and negotiation, and equipped with the tools tobreak impasses and facilitate constructive dialogue and creative solutions.Mediation can be used as an alternative to litigation orarbitration, and is an option available at any time during the litigationprocess as well.Try it. You’ll like it.
