- Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.
- Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties.
- Mediation may be "better" than having someone you don't know decide the outcome of a dispute.
- Mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute with the help of another person (called a mediator). A mediator is not allowed to decide who is right or wrong or to tell you how to resolve your dispute. In mediation, you can try to find solutions that make sense to you and the other person in the dispute to resolve some or all of your concerns.
What happens if I don't come to any agreement in mediation?
Mediation is used by the courts; additionally there are state and local agencies as well as individuals and corporations which use mediation. When it is used by the court, it is called a “court-ordered mediation.” If you are court ordered to mediation and you are unable to settle your differences, you will go back to court and the judge (or jury) will make a decision for you.
What are some advantages to mediation?
- Mediation provides an opportunity to talk with someone who is impartial.
- The Issues in your dispute are not decided by a judge or Arbitrator and you make the decision.
- Mediation is confidential, so there is no public record of what was discussed.
- You can privately settle the case.
- Mediation agreements are enforceable.
- Mediation agreements can be more flexible that a court or arbitrator's order.
- You avoid trial and hearsay exceptions.
- Mediation reduces litigation costs.
- You know that you have an agreement, instead of gambling on what might happen in court.
- Mediation is an opportunity to gain a greater understanding about why the dispute arose.