When is mediation appropriate?

Several reasons exist for choosing mediation over other channels of dispute resolution (such as those involving attorneys and courts).

• Parties to a dispute choose mediation as it is generally a less expensive process than arbitration or litigation. While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. Legal cases filed in court may take months or even years to resolve.  Mediation usually achieves a resolution in a matter of hours which means less money on hourly fees and costs.

• Mediation offers a confidential process. While court hearings of cases happen in public, whatever happens in mediation remains strictly confidential. Only the parties to the dispute and the mediator know what has gone on during the mediation process. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of a mediation. The only exceptions to such strict confidentiality usually involve child/elder abuse or actual or threatened criminal acts.

• Mediation offers multiple and flexible possibilities for resolving a dispute and the parties control the resolution. In court cases, the parties will obtain a resolution, but a resolution thrust upon them by the judge or jury. Generally, neither party to the dispute leaves happy. In mediation, the parties have control over the resolution, and the resolution can be unique to their situation.  Mediation is more likely to produce a result that is mutually agreeable, or win/win. Mutually agreeable settlements are more likely adhered to by the parties. This also results in fewer costs, because the parties do not have to seek out the aid of an attorney to force compliance with the agreement. The mediated agreement is fully enforceable in a court of law.

• Parties to a mediation usually seek out mediation because they are ready to work toward a resolution to their dispute. Since both parties are willing to work toward resolving the issue(s), they are more likely to work with one another than against one another. This has the added benefit of often preserving the relationship the parties had before the dispute.

• As a certified mediator through the American Center for Conflict Resolution Institute, Michelle Harrington is trained in conflict resolution and in working with difficult situations. As a neutral party, Michelle gives no legal advice, but guides the parties through the problem solving process. She may suggest alternative solutions to the dispute. Whether she offers advice or not, Michelle helps the parties think "outside of the box" for possible solutions to the dispute, thus enabling the parties to find the avenue to dispute resolution that suits them best.
• In the unlikely event that a mediation is unsuccessful, the parties still have the option of pursuing arbitration or using the judicial system. 

Business Mediation

Business Mediation is a fair, confidential and efficient alternative dispute resolution process used when a dispute is between stakeholders in a business. (see "When is mediation appropriate?")  This could be between employer/employee, family business members, business partners, boards of directors, executive management teams and so on.  Unlike arbitration or litigation, the parties remain in control of the process and its outcome.  In addition, mediation is cost effective with expenses a fraction of what typical legal proceedings will run.

Issues may include:

• An inability to discuss or arrive at conclusions to issues of perceived importance to one or more of the parties


• Major changes in individual goals or life circumstances that impact commitment to or involvement in the business


• Ongoing unresolved ownership issues


• Drastically different views of individual, group or organizational performance


• Debilitating disagreements about whether or not a problem exists


• Conflicts affecting morale or productivity where no agreed resolution can be found

Michelle Harrington is a Nationally Certified Professional in Mediation recognized by the National Association of Certified Mediators. Additionally, Michelle has over 15 years of corporate experience most recently as an executive VP managing a $50mm revenue region with 4 locations and over 125 employees. As a neutral party, Michelle gives no legal advice, but guides the parties through the problem solving process. She may suggest alternative solutions to the dispute. Whether she offers advice or not, Michelle helps the parties think "outside of the box" for possible solutions to the dispute, thus enabling the parties to find the avenue to dispute resolution that suits them best.
(back to top)
(contact us)

Family Mediation

Family Mediation is a fair, confidential and efficient process to help you resolve your disputes and reach a mutual agreement. Unlike arbitration or litigation, the parties remain in control of the process and its outcome. In addition, mediation is cost effective with expenses a fraction of what typical legal proceedings will run.

• Divorcing or separating couples (whether still living together or not)
• Problems with child contact between parents/grandparent/relatives and child(ren),
• Civil partnerships / same sex relationships
• Unmarried couples
• Grandparents wishing to re-establish contact with family
• Families in difficult situations or conflict with each other

Mediation is about achieving a sensible outcome for everybody involved, particularly any children.  Rather than asking a court to make far-reaching decisions on your behalf, you can use a mediator to help you make your own decisions about your children, finances and future. A mediated solution can then be ratified by a court, so that the decisions that are made are legally binding upon each person.

One of the aims of mediation is to resolve conflict as quickly and as calmly as possible, so that damage is limited.
(back to top)
(contact us)

Divorce Mediation

Divorce Mediation is a fair, confidential and efficient process to help you resolve your disputes and reach a mutual agreement. See "When is mediation appropriate". Unlike arbitration or litigation, the parties remain in control of the process and its outcome.  In addition, mediation is cost effective with expenses a fraction of what typical legal proceedings will run.
Matters to resolve can include division (equitable distribution) of assets & liabilities, custody & visitation, child & spousal support.  A mediated agreement can then be taken to the party’s legal counsel to be included in the final divorce decree.
(back to top)
(contact us)

Harrington Consulting, LLC | Michelle Harrington | 757-580-6427 mharrington@harringtonconsultingllc.net