Unlike arbitration, mediation is a voluntary process and does not
involve a formal evidentiary hearing or result in a binding decision.
Instead, all parties or disputants agree to the appointment of an
experienced mediator. After all sides explain their positions in the
presence of a mediator and one another, the mediator meets privately with
each party to discuss the strong and weak points of their cases, the risks
of arbitration, and how the problem or controversy might be settled.
MEDIATION HAS BEEN SUCCESSFUL in settling cases
because it permits an impartial, experienced mediator to discuss settlement
possibilities privately with each party with the understanding that their
positions will not be disclosed to the opposing party unless the opposing party
agrees to the settlement of the dispute on the terms privately
communicated to the mediator. Since all parties are seriously negotiating
the dispute, mediated settlements normall occur earlier than arbitration,
saving everyone valuable time as well as money.
EVEN IF mediation does not result in a voluntary
settlement of the dispute, the mediation process is worthwhile because all
participants have become more fully educated on the strengths and
weaknesses of their cases, thereby providing the basis for a reasonable
settlement in the future.
PLEASE CONTACT Jaqueline Downs, our Executive Director
at (800) 987-8406, if you are interested in mediating or obtaining more
information on mediation. She will be happy to assist you in utilizing
the forums PACIFIC ADR SERVICES offers in this area.
REMEMBER, should you voluntarily agree to mediate, doing so will not affect the processing of any claim you file in arbitration at PAS. Your claim will continue to progress within the arbitration framework unless and until a settlement has been reached.
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