O. Rene Diaz
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Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial third party, the mediator, to generate their own solution to settling a conflict. The mediator functions as a neutral facilitator who assists parties and their attorneys to focus on the real issues of the dispute and to generate options for settlement, ultimately arriving at a mutually acceptable resolution. Mediation is often a much less costly and more private way to resolve disputes between businesses or between individuals. Mediation also takes much less time than a formal court case. In cases involving Spanish-speaking parties, it is very important to understand how language and cultural barriers can interfere with the successful resolution of a case during mediation or arbitration when the facilitator does not speak the party's language or understand their culture. A bilingual mediator or arbitrator should have strong negotiation and dispute resolution skills, ensuring that the process and benefits of mediation effectively translate across language barriers. Most problems have solutions. Some solutions are arrived at quickly, and sometimes they take time to develop. Alternative methods of dispute resolution can be faster, cheaper and less stressful than going to court, ultimately providing greater satisfaction with the way disputes are resolved.
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