Mediation

Here at KWTA we are committed to delivering effective solutions that save our client’s money. We therefore are big believers in mediation. Mediation is a process for resolving disputes by which an independent mediator assists both parties in reaching a mutually satisfactory settlement.  A mediator does not act as an attorney for either side in a conflict.  Rather, the mediator’s role is to assist the parties in their own negotiations by identifying obstacles to settlement and developing strategies for overcoming them.

Why is mediation important?

MEDIATION IS LESS EXPENSIVE— While some mediators may charge a fee comparable to that of an attorney, our pricing is much lower.  Additionally, the mediation process generally takes much less time than moving a conflict through the standard legal process.  While a case in the hands of a lawyer or a court may take months or years to resolve, mediation can usually achieve a resolution in a matter of hours.  The fact that mediation takes less time means the parties expend less money on hourly fees and costs.

YOU HAVE MORE CONTROL OVER THE OUTCOME—Choosing Mediation increases the control that you have over the resolution of your conflict.  In a court case, the parties obtain a resolution, but the judge or jury are the ones who decide the outcome.  Judges and juries usually cannot legally provide the sorts of solutions that emerge in mediation.  Mediation is therefore more likely to produce a result that is mutually agreeable for both parties.

MEDIATION IS CONFIDENTIAL—While court hearings are public, mediation remains strictly confidential.  This means that no one but the parties to the dispute and the mediator(s) know what happened. Confidentiality in mediation is considered so important that in most cases even the legal system does not ask a mediator to testify in court as to the content or the progress of the mediation.

MEDIATION IS BINDING—Remember that a resolution in mediation is attained by the parties working together and is mutually agreeable.  The result is that compliance with the mediated agreement is usually high.  This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement.  And the best part of it all is that the mediated agreement is still fully enforceable by law.

MEDIATION IS MUTUTALLY BENEFICIAL—Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate usually means they are ready to “move” their position. Parties are thus are more likely to be understanding of the other party’s side and work together on resolving the dispute. Often, this has the added benefit of often preserving the relationship the parties had before the dispute.

SUPPORT—Mediators are specifically trained in working with difficult conflicts and situations. The mediator acts as a neutral facilitator and helps guide the parties through the process. Mediators help the parties think “outside of the box” for possible solutions to the dispute, broadening the range of possible solutions.