Hmmm. "hardball", how does mediation work???
Trishy
Mediation is an alternative to filing a costly, time consuming lawsuit.
Mediators are trained to attempt to bring both parties together in an agreement that is satisfactory to both.
In some courts, you are required to meet with a mediator before you can get a trial date.
This is done to help reduce the necessity of judges having to hear lawsuits, helps free up the court calendar, which in some areas can take a lot ot time.
Both parties need to agree to have a meeting ( in person, on phone, on a video ). The mediator meets with each party to discuss the matter at hand, and attempts to reach a reasonable resolution where each party compromises. Both parties need to want to mediate, and resolve the matter. It is particularly helpful to have a non interested person handle this, as you eliminate any negative or aggressive discussion.
In matters where the issue is of a minor value, having a mediator help is a lot less expensive than hiring an attorney, and going through the additional procedures required in many lawsuits, which includes production of documents, depositions of all the witnesses, or relevant parties. Depositions, which are attended by each side''s attorneys can get very costly, plus a court reporter needs to be present as well.
In very general layman''s terms a mediator is going to "sell" coming to an agreement. If a lawsuit is filed then the mediator writes the agreement between the parties, has them agree, and then the judge will review it and approve it. At that time the resolution and agreement become binding on both parties.
Generally mediators aren''t required to be knowledgeable about the technical issues of a matter, but in the case of jewelry and gemstones, having someone who understands the details of gemology being your mediator could be an advantage. After hearing both sides, which are initially held with only each side present, then the mediator can elect to bring both parties together in the same room to work out the final details. It is a good system and while sometimes it isn''t successful, most time a skilled mediator can negotiate a agreeable solution.
Another alternative is ARBITRATION. There is binding arbitrtration and non-binding arbitration. Arbitration differs from mediation because the arbitrators set the final decision on how the matter would be settled. Usually there are three arbitrators in the hearing, which is held like a "mock trial". The arbitrators "vote" on the solution and whomever gets the "majority vote" of the arbitrators is how the matter gets finalized.
Does this help answer your question?
Rockdoc
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