Fair, Efficient & Everyone wins

Managing disputes affects a Company’s bottom line.  All it takes is one long protracted lawsuit – win or lose – to illustrate the need for more efficient ways to resolve conflict.  In response, particularly in the human resource arena, more and more businesses are turning to negotiation, mediation and alternative dispute resolution methods whenever possible.

No matter what the dispute - employee grievances, commercial or business contract conflicts, franchiser-franchisee disagreements, mediation is typically much faster, less expensive and far less stressful than either arbitration or litigation.

Advantages of Mediation also referred to as Alternative Dispute Resolution

• Mediation provides more flexibility & creativity to conflict resolution than can ever be reached in the court room
• The parties control the outcome…not a judge or jury.
• It’s voluntary and preserves confidentiality.
• Mediation is far less costly…many disputes can be resolved in a few hours.  There are far less internal or external legal costs and fees.
• In some cases, a Mediation program can reduce insurance coverage premiums.
• Mediation is scheduled quickly…usually within 45 –90 days.
• A negotiated settlement is reached in 80% of all cases.
• Mediation can result in improved public relations.
• Mediation frequently preserves the business relationship or employee morale and retention.
• It actually reduces the number of repeat and/or copycat claims.

What Mediation is NOT:

No Fault is found.

No Judgment is made.

The Mediator has no power to decide the case.

The goal in Mediation is to have the participants reach a consensus agreement.  The Mediator serves as a neutral third party and facilitates the discussions and keeps the parties talking and exploring alternative resolutions. Because the parties are creating their own solution, they have a sense of control over the ultimate outcome.  Mediation is not a confrontational process and feels better to most people. Again –

• Mediation is fair & neutral
• Mediation is confidential
• Mediation avoids unnecessary litigation

Here are some examples of conflicts that benefit from Mediation:

Employee grievances, discrimination complaints and non-compete conflicts with former employees.  Also –

• Work team conflicts
• Americans with Disability Act accommodations issues
• Workspace and parking assignment disputes

How Does Mediation Work?

The decision to mediate is completely voluntary for the parties in dispute.

If mediation is chosen by the parties or referred by the courts, a mediator – or preferably a team of two mediators - is selected and the mediation is scheduled and held at a neutral location.

During the mediation, both sides will be allowed to exchange information and express expectations for reaching resolution.  The Parties will work to reach common ground and the settlement agreement, if reached, will be a binding contract.

If the mediation process does not result in a negotiated settlement, the parties have agreed that no information provided during the mediation will be disclosed in future proceedings.  Any notes taken will be gathered by the mediator(s) and destroyed.  The strict confidentiality of the process will be maintained.

CMK Associates, LLC has trained and experienced Mediators available.  To learn more about Mediation and how your company can benefit, contact Jennifer Burdick, CMK Associates, LLC, at 410-467-5462 or visit our Website at www.cmkassociates.com