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Mediation is a process that often provides parties the opportunity to reach settlement agreements, though average offers tend to range from 20-50% of damages. Its important for both involved in mediation sessions and negotiations.
Cons Because the mediator has no power to impose a resolution of the dispute on the parties, the parties must be willing to compromise. Mediation costs money, and an unsuccessful mediation will result in additional costs of litigation. Mediation takes time, usually anywhere from a couple of hours to a full day.
Mediation also encourages collaboration and allows for creative solutions that can be tailored to meet both parties needs. However, there are some downsides to mediation as well, including the fact that it can take more time to reach a resolution than litigation and that results are not always legally binding.
Disadvantages Not compulsory; Concerns exist around the enforceability of a mediation agreement; All parties must agree to a resolution as the result is not guaranteed; Can be difficult if either party are withholding information; Mediation may not be appropriate if one of the parties required public disclosure;
In civil cases, a registered mediator must be an attorney in good standing with the Supreme Court of Indiana and must complete at least 40 hours of Commission-approved civil mediation training.
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The Golden Rule of Mediation is to treat others as you would like to be treated during the negotiation process. It embodies the principles of fairness, respect, and collaboration, guiding parties to engage in negotiations in good faith and with a focus on achieving a mutually beneficial resolution.
Mediation is NOT appropriate if there is: Abuse Hidden assets Unequal bargaining power Complete lack of knowledge Complete lack of compromise Hidden Agendas

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