Conflict
is a normal and inevitable part of life. As long as we are alive
and feeling, thinking, questioning and making decisions, we
will encounter conflict. We are just as likely to have conflicts
with people we like as with those we don't like. Some conflict
we can see coming; other conflicts seem to come up unexpectedly.
Our ability to deal effectively with conflict is tested constantly,
and the effects of conflict on our lives can become enormous.
It makes sense that you would want to maximize your ability
to resolve conflicts in an effective way.
Mediation is the most effective way
to handle conflicts and disputes.
What is mediation?
Mediation is a process in which the people involved in a
dispute sit down and find their own resolution with the help
of mediators. Mediators (a person who is neutral to the dispute)
keeps the process civil, listens to both sides of the situation,
gets people talking and helps put the dispute in clear and
concise terms so that all parties can discuss options for
a resolution.
The mediation process is a voluntary process. You can leave
the mediation at any time for any reason, or for no reason
at all.
Unlike a court of law, where parties come to win at any costs,
those who chose mediation simply want to be heard and to work
out a solution. The fact that no one imposes a decision greatly
reduces the need for someone to posture and/or possibly shade
the truth. Decision making power (and veto power) are completely
yours. Nothing can be imposed on you. If mediation is not
successful, the parties may then use arbitration or the courts.
The amazing thing about mediation is how well it works. Studies
show that between 85%- 95% of those who choose mediation find
it successful.
Our mediators can end the hearing if at any time they feel
that you do not have enough information about your rights
or obligations. They will tell you if it seems that your problem
requires a lawyer, financial advisor or some other type of
professional. You can revoke your consent to participate at
any time during the process and withdraw from the mediation.
I've heard of arbitration. Is mediation
the same as arbitration?
Mediation and arbitration are not the same process. In arbitration
someone else makes the decision for you. This is more like
a decision by a judge except you may get to choose the arbitrator.
Arbitration is binding; this means that you cannot appeal
the arbitrator's decision.
Why would I use mediation instead of going to court?
Unlike a court proceeding, where only matters relevant to
the dispute can be considered, anything can be discussed in
a mediation session. Often the result is that hidden problems,
not even mentioned at first but at the heart of the dispute,
emerge. Another consideration is that court is a public process
and the court's files are public record. Mediation is completely
confidential. Nothing that is said or written in mediation
may be used later without the consent of all those involved.
All participants must sign an Agreement to Participate in
Confidential Mediation before the mediation begins.
Who are the mediators?
CCDS uses certified mediators who function as lead mediators.
You will have between one and four mediators selected for
your case. The mediators have no personal interests or biases
concerning the content or outcome of your case. None of our
mediators are attorneys. Our mediators do not give legal advice.
CCDS selects and schedules the mediators.
What makes a competent Mediator?
Unfortunately there is not a concrete answer to this question.
Currently there is no certification process in California
unless you are a “Community” mediator.
Qualified mediators come with different education and work
experience backgrounds. Competence depends on whether the
mediator has the right mix of acquired training, experience
and natural abilities.
Skills most important to a good mediator include:
- Ability to maintain neutrality
- Ability to keep confidentiality
- Ability to communicate and to assist others in communicating
- Ability to listen and understand
- Ability to define and clarify issues
- Ability to assist with creative and constructive options for
resolution
How long does mediation take?
Once the parties agree to participate, the session will generally
be scheduled within two weeks. Sessions last between one half
hour to four hours. Occasionally, more than one session is
needed.
Where and when do mediations take place?
At our office, 291 McLeod Street, Livermore. Session can
be scheduled at any time convenient for you: Monday through
Saturday - Days or evenings.
How much does it cost?
Because the process is much faster than arbitration and/or
litigation, the cost is much less expensive. CCDS bases its
charges on the complexity of the dispute. Traditionally, the
disputants share charges (i.e. one half by each party in the
conflict). We will inform you of the cost before your session
is scheduled. If cost is an issue for you, let us know. We
have a sliding scale for parties with limited or no income.
What types of disputes does CCDS mediate?
CCDS provides mediation services for all types of disputes
including conflicts between:
