When you have a dispute or issue(s) to resolve with another party agreeing to mediate may be easier than appearing in the same city at the same time. Despite the fact that two parties are willing to sit in the same room with each other, discuss issues and negotiate a resolution, the parties may be located in different cities, and either unwilling or unable to travel.
From my Maryland mediation practice, a case comes to mind. For both parties, husband and wife, this was a second marriage. He was ten years older than she. The parties worked, married and lived in the State of Maryland. They both had grown children from previous marriages. Prior to marrying, the husband spoke about retiring to Florida. At the time, the wife did not feel strongly one way or the other about it.
After five years of marriage, the husband stated he wanted to retire and move to Florida. The wife, who had a good job, as well as friends and family in Maryland, did not want to move. The couple agreed the husband would move to Florida, find a place to live, and husband and wife would visit back and forth.
Over time the visits became less frequent. Five years passed in which the couple did not see one another. Still on speaking terms, the couple decided to end the marriage. However, while amicable, they needed a little help to resolve the issue of property settlement.
The husband agreed to participate in mediation on condition he did not have to travel to Maryland. Telephone mediation allowed the parties to negotiate. Telephone mediation works well when each party is able to clearly articulate on the telephone their position in the dispute. Telephone mediation can be done from your home or office. When you do not have to drive to the mediation, sit down, talk, and drive home, or back to work, you save alot of time. Telephone mediation is best suited for single issue disputes.
Once mediation is in progress, disputes may be resolved by phone within 24 hours. How quickly your dispute is resolved depends however on how quickly you, the other party, and the mediator are available by phone.
In the event one party will not agree to participate in mediation, it is possible for you to consult with a mediator alone, by phone to discuss ways to have your needs met.
April 26, 2009