mediation
mediation services:
Maine VLA attorneys are also experienced in fixing your problems when the plan is not executed as presented, or when relationships go awry. Litigation is expensive, time-consuming, all-encompassing, and emotionally exhausting. The most effective method of resolving latent issues with a view toward maintaining working relationships among those involved is mediation.
Perhaps someone is using your image without your permission, or the gallery is not paying you what it owes you, or your licensor may be stretching the license a little too far for your comfort...
The Maine VLA Mediation Program is dedicated to providing a low-cost alternative dispute resolution service to artists with conflicts that can be addressed outside the traditional legal framework. Mediation provides an alternative setting that does not involve the formalities of an adversarial system where one party wins and the other loses. Instead, the process empowers parties to find their own self-determined resolution based on informed consent, creating an opportunity for a win-win solution to emerge from the participation of all parties in a dispute.
philosophy at maine vla:
The mediator is a servant of the parties. The parties control the solution to their dispute and the mediator's job is to help them find that solution. In order for the agreed upon solution to endure, the parties must have found procedural, emotional and substantive satisfaction with the mediated negotiations. Maine VLA is dedicated to providing individual and co-mediators to that end.
faq's
WHAT IS MEDIATION?
Simply put, mediation is facilitated negotiation. It is a voluntary opportunity for disputing parties to address that dispute with the help of a professional neutral, who, being skilled in the art of mediation, assists the parties in moving toward an informed and self-determined resolution.
MEDIATION IS:
VOLUNTARY: Both parties choose to participate in the mediation process and work together to create a mutually agreeable resolution.
CONFIDENTIAL: Unlike a court proceeding, where there is a public record, the parties in mediation sign a confidentiality agreement; nothing disclosed in mediation is admissible in court, in the event that litigation is pursued.
NEUTRAL: The mediators facilitate communication between the parties but do not determine who is right or wrong.
INFORMAL: The process is less expensive and faster than litigation. The parties work together to find with a creative resolution that addresses the participants' interests.
COST-EFFECTIVE: Maine VLA offers low cost services for individuals and organizations to resolve disputes without having to resort to expensive and time-consuming litigation. Fees range from $35 to $100. Contact the Program Coordinator for details.
WHAT IS A MEDIATOR?
A mediator is the facilitator of a negotiation dialogue between two parties. The mediator sets the tone, establishes productive communication, listens to the parties' concerns, assists the parties in identifying the issues in dispute, develops potential options for resolution and provides an opportunity to reach an agreement which, as much as possible, accommodates the interests of all parties. Maine VLA's mediators have had many hours of training focused on helping resolve disputes.
WHY MEDIATE?
Reaching a mutually acceptable solution through mediation is much faster and far less expensive than litigation. It allows the parties to reach a solution that is theirs, making it more likely that the solution will be durable and the relationship between then will continue. It also further empowers the parties to address conflict in the future. Additionally, parties do not need to hire lawyers for mediation; it is informal; everything that occurs in the mediation is confidential; and the process of mediation is responsive to the needs of the individual parties.
WHO SHOULD MEDIATE?
Mediation is almost always the best first dispute resolution choice. Mediation is especially suitable for parties who are interested in exploring creative solutions that take into account the future and how both parties can benefit by working out an agreement. It is also extremely useful for parties in an ongoing relationship who don't want to have that relationship soured or severed by lengthy litigation.
HOW CAN A MEDIATOR OR MEDIATORS RESOLVE A DISPUTE THAT WE COULD NOT RESOLVE OURSELVES?
Skilled mediators can provide the parties many tools. First and foremost, mediators offer the parties a space to address the dispute on their own terms. They listen actively and facilitate the parties' exchange of information, helping them identify their interests, helping them develop and exchange proposals and helping them develop options that respond to those proposals in a way that works for them. Mediators are also skilled in exploring ways for the parties to move through points of impasse. In this way skilled mediators can assist parties toward a fully informed and self-determined resolution they could not have achieved on their own.
HOW DO I INITIATE MEDIATION?
For information, please call us at 207.699.4600 or email Maine VLA general help at info@mainevla.org.