It has been quite a week. Between trainings and other activities, topping off my Friday with a mediation hearing on one of my contracts.
Now, I can't tell you anything about the specific mediation (what happens in Vegas stays in Vegas -- same is true for mediation), but I've never been through the process and felt a bit uncertain and uneasy prior to going in yesterday.
Well, it wasn't bad at all. The mediator was not at all intimidating and mediation truly is a process by which the 2 sides try to resolve their differences -- some give and take by the two disputing parties with an independent party go between goes a long way to making process at an impasse. This seems far less confrontational than a court process -- the softer side of resolving ones differences.
Regardless of the outcome of mediation, the mediator cannot be called to testify to anything if the process goes on to arbitration, is not a legal advisor to either side and anything presented or said in the mediation process cannot be used if proceeding to arbitration. And, my part of the mediation fee was quite low -- far less than I would have paid for legal counsel and ultimately in court costs had mediation not been a part of the contract in question.
So, if you've been on the fence either as a buyer, seller or realtor about accepting mediation as part of your contract, don't be afraid of it. It's a much nicer path to resolving your differences than meeting up in court (cheaper too !)
I've been involved in both arbitration and mediation.
They are very civilized processes and save a bloody fortune when compared to litigation.
In arbitration, I won a significant matter over a former broker who claimed ownership of my primary web site and domain.
In mediation, I have been witnesses for buyers. Very civilized indeed and satisfactory conclusions.