Mediation is…
Neutral & confidential
The mediator is impartial and does not decide the outcome. Parties maintain control and design their own agreement. Thus parties feel that their voices are genuinely heard much more than in a court proceeding. The information shared in a mediation cannot be admissible in court.
collaborative
The mediation process is much more collaborative, and less adversarial than the litigation route, enabling parties to move forward in a more positive, less destructive manner. Mediated resolutions can be crafted creatively without the limitations imposed by a court’s restricted settlement options.
Cost-effective & Time efficient
The court process is expensive, and usually costs can exceed benefits. Through mediation there is usually a significantly shorter timeline in reaching an agreement and closure. Therefore mediation costs are substantially lower than litigation costs.
What Occurs During Mediation?
Introduction
The mediator explains the rules and processes involved in mediation.
Statements by the parties
Each party has the opportunity to describe the dispute.
Identification of the dispute
The mediator will ask the parties questions in order to gain a better understanding of the conflict.
Private caucuses
Sometimes the mediator will conduct private meetings with the parties to obtain a better understanding of each party's side and to assess possible solutions.
Negotiation & COLLABORATION
The mediator will help the parties reach an agreeable solution.
Written agreement
If the parties reach a resolution, the mediator may put the agreement in writing and ask the parties to sign it. In many states, these agreements can be upheld in court.