“ Two Mountains Can Never Meet , But Two Men Can ”
MONDAY , AUGUST 1 , 2016 AN INDEPENDENT SUPPLEMENT BY MIA MEDIA & COMMUNICATIONS GROUP TO MIAMI HERALD BB17
MEDIATION / ARBITRATION AN ALTERNATIVE TO LITIGATION
“ Two Mountains Can Never Meet , But Two Men Can ”
By Stanley Zamor
Stanley Zamor , President / CEO Florida Academy of Professional Mediators , Inc .
“ Two Mountains Can Never Meet , But Two Men Can ”
This is an old proverb that I sometimes reference during mediation . It denotes how even when stonewalled in adverse positions , men can still be moved to finding common ground . Conflict is inevitable . And when business owners find themselves in discourse such as vendor contract discrepancies , conflicts with employees , labor force issues or a partnership separation , filing a lawsuit is the customary response ; but NOT the only response .
Mediation is a confidential and voluntary alternative to litigation that often has an amicable end not found in the court system . As a certified mediator I strive towards “ Win-Win ” outcomes that best suit the parties . This article will touch on only two aspects of mediation and introduce mediation as a means to resolve disputes . Future articles will focus on specific business disputes and how mediation and other alternatives to litigation , can be used as a valuable resource when dealing with business matters .
Mediation Provides Access and Can Preserve Relationships Mediation also offers access to legal services . The 2016 results of a Florida Bar commissioned report revealed that 80 % of the public lacks access to legal services or legal representation . Wow ! So only 20 % of the public has access to legal services , yet there are over 100,000 licensed Florida attorneys . Mediation provides unbiased access to a balanced process that allows parties flexible opportunities to craft a resolution that they have control of . Whether the parties are represented by an attorney or not , access to mediation is always available .
Mediation can also preserve / mend a deteriorated business relationship , while helping to redefine roles between the parties . I ’ ve mediated between business entities where the plaintiff was suing for more than two hundred thousand dollars of unpaid invoices . The dispute became ugly and personal and a lawsuit was filed . During the various months of litigation , these businessmen realized how they still needed one another ’ s services , due to the small business marketplace . So , through the mediation process , they were able to resolve the issue and preserve their personal relationship . They entered into a new acceptable contract and the matter was closed and case withdrawn .
Why Mediate ?
The mediator ’ s role and function is to keep the process fair and balanced , while facilitating settlement discussions in a manner that is confidential and keeps the parties in control of the outcome . Mediation does not , and will never replace litigation , that is not the goal of mediation . Mediation is simply another option available to those who many need another way to resolve a contentious matter . So , if you want to resolve a simple or complex dispute and save time , money and resources , mediation can be the alternative to litigation that meets your needs .
If you have a specific dispute thatyou would like me to respond to , please use the contact information appearing below and tell me about it .
Stanley Zamor is the 2015-2017 President / CEO of the Florida Academy of Professional Mediators , Inc . He is the youngest and first Haitian-American to hold this position . Mr . Zamor is a Florida Supreme Court Certified Circuit Civil / Family / County Mediator / Trainer and Florida Supreme Court Qualified Arbitrator . Mr . Zamor serves on a number of federal and state mediation / arbitration rosters and has a private mediation and ADR consulting company where he mediates / arbitrates and facilitates workshops . szamor @ i-mediateconsulting . com www . i-mediateconsulting . com www . LinkedIn . com / in / stanleyzamoradr ( 954 ) 261-8600