Why Kalon Began a Mediation Practice

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You could say Kalon is an idea, a life stance, which asks, “Is there a better way, and if so, what is that way and how do we walk it?”

Ask that question of litigation, which is a method of resolving problems. Litigation is set in adversity, directed by rules, and culminates in a contest of narratives (trial). Is that process the best way to solve a problem?

The answer is suggested by a statistic: over 95% of litigated civil cases end not in a trial, but with an agreement (often reached under the pressure of an imminent trial).

A trial offers a resolution for parties in dispute, but it is a resolution decided by someone else (usually a jury), based on select evidence (admitted by a judge), guided by certain rules (the jury charge), and it’s not even final – the unhappy party (one party is almost always unhappy – and sometimes both are) may appeal.

Is there a better way, and if so, what is that way and how do we walk it?”

Consider a process where the parties could meet informally at the right time with a neutral person, express their positions and be guided to their interests, be permitted to speak of concerns in private, be free of a regimented process, and together create their own solution.

This process is, of course, mediation.

Now the question of, “how to walk it?” What is the best way to mediate?

A true mediation is much more than an exchange of positions delivered by a go-between. The best mediation is a process of helping the parties reach their best agreement in the context of their situation, which takes into account their interests and likely outcomes if a jury decides their case for them instead.

So, Kalon’s stance led to the creation of our mediation practice. A better way to resolve your dispute.

Learn more here: The Kalon ADR Center.

 

 

 

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