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Allison Hubbard Colgin can be reached at acolgin@vlplawgroup.com
https://www.vlplawgroup.com/attorneys/allison-hubbard-colgin/
Allison Hubbard Colgin provides mediation services for all types of disputes, including, employment, divorce, real property, contractual and business disputes. She will work tirelessly to find a resolution acceptable to both parties. Allison completed training through the San Francisco Bar Association and has fulfilled the requirements to become a panel mediator for California State and Federal Courts.
What is Mediation?
Mediation is a process wherein the parties meet with an impartial and neutral third-party who assists the parties in trying to come to a mutually agreed upon resolution of their dispute.
Why Choose Mediation?
Mediation is a good alternative for resolving conflicts for several reasons:
Efficiency
Mediation is generally faster and less expensive than traditional litigation, which can be time-consuming and costly. Mediation allows parties to come to a resolution in a shorter amount of time and at a lower cost than going through the court system.
Flexibility
Mediation allows for more flexibility and creativity in finding solutions to disputes. In mediation, the parties have more control over the outcome and can craft a resolution that meets the specific needs of their situation.
Confidentiality
Mediation is a confidential process, which can be beneficial for businesses that want to keep sensitive information private. In contrast, court proceedings are public and can be damaging to a business's reputation.
Preservation of Relationships
Mediation can help preserve business relationships that may be damaged through traditional adversarial processes. Mediation allows parties to communicate openly and honestly, which can help them to understand and address the underlying issues that led to the conflict.
Better Outcomes
Mediation allows for parties to come to a mutually-agreed upon resolution, rather than a decision imposed upon them by a judge or jury. This can lead to a more sustainable and fair resolution, which can benefit both parties in the long-term.
Overall, mediation is a valuable alternative for resolving conflicts as it is efficient, flexible, confidential, preserves relationships, and can lead to better outcomes. There is a body of research that suggests that people who go through mediation, a process of resolving disputes through the help of a neutral third party, are generally satisfied with the outcome. Mediation is often seen as a more efficient and less adversarial way to resolve disputes.
What is the role of the Mediator?
A mediator is a neutral third party who helps to facilitate communication and negotiation between the parties in a dispute in order to reach a mutually agreed upon resolution.
Mediators have no power to decide a dispute. In mediation, only the parties have that power. It is not the mediator’s role to assess blame or make any assessments regarding fairness or justice. Rather, the mediator acts a facilitator between the parties by defining issues, eliminating obstacles, and moderating and guiding the process to avoid unnecessary confrontation.
Approach
Every mediation is different, but the goal is generally the same: resolve all issues between the parties so that everyone can move on without further conflict and litigation. Litigation is rarely a satisfying process for anyone involved. With mediation litigants can take control of an unpredictable process and resolve issues on terms that are acceptable to both parties.
Prior to the mediation, all parties will be provided with a questionaire asking for some basic information about the dispute and the party’s expectations and desires for resolution. Depending on the nature of the dispute, I may ask for a memo summarizing the party’s position and the pertinent legal authority. We will set ground rules in the beginning to maximize the likelihood of a resolution and minimize unnecessary conflict. Mediations can be done in person or by a series of voice or video calls.
Confidentiality
At the outset of a mediation process, all parties must agree to strict confidentiality. That means that nothing that is said during the mediation (by me or the parties) can be used later as evidence in any proceeding. Additionally, the parties will agree that they cannot call the mediator as a witness to testify about any factual admissions made at any time during the mediation process. Confidentiality allows the parties to be more open with the mediator and each other which increases the opportunities for a creative resolution.
For more information, please contact Allison Hubbard Colgin at allison@colginlaw.com or 307-413-7441.