The Marrs Law Firm

9 E. 4th St, Suite 900

Reunion Center

Tulsa, OK 74103

Office: 918-599-8600

Fax: 918-588-8673

Cell: 918-760-8151

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Benefits of Mediation

What is Mediation:

me×di×a×tion . (md-shn) KEY NOUN:

  • The act of mediating; intervention
  • The state of being mediated
  • Law An attempt to bring about a peaceful settlement or compromise between disputants through the objective intervention of a neutral party
  • alternative dispute resolution (ADR) or "appropriate dispute resolution", is a way of resolving disputes between two parties. A third party member is involved in order to structure the meetings, and to help the parties come to a final decision based on the facts given through the discussions. Mediation is not legally binding so it does not have to be followed, although if one party does not, they can sometimes be taken to court by the disadvantaged member, depending on the mediation agreement.

Mediation, in a broad sense, consists of a cognitive process of reconciling mutually interdependent, opposed terms as what one could loosely call "an interpretation" or "an understanding of." The German philosopher Hegel uses the term "dialectical unity" to designate such thought-processes. This article discusses the legal communications usage of the term.

Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial.

Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.

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