What is Mediation?
Mediation is a voluntary and confidential way to resolve disputes without giving the decision-making power to someone else (like a judge). It involves sitting down with the other side in the dispute and a third-party who is neutral and impartial (the mediator). The mediator helps the parties identify the important issues in the dispute and decide how they can resolve it themselves. The mediator doesn’t tell them what to do or make a judgment about who’s right and who’s wrong. Control over the outcome of the case stays with the parties.
Key Qualities of the Mediation Process
Voluntary
You can leave at any time for any reason, or no reason.
Collaborative
You are encouraged to work together to solve your problem(s).
Controlled
You have complete decision-making power and a veto over each and every provision of any mediated agreement.
Confidential
Mediation is confidential, to the extent you desire and agree, be that by statute, contract, rules of evidence or privilege.
Informed
The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice.
Impartial, Neutral, Balanced and Safe
The mediator has an equal and balanced responsibility to assist each mediating party.
Self-Responsible and Satisfying
According to research, mediation dramatically elevates participant satisfaction, likelihood of compliance, and self-esteem.
What is the Secret To a Successful Mediation?
The mediation process is as successful as the willingness of the parties to participate in good faith to reach a settlement. A good mediator will work with the parties until he or she has determined that a settlement cannot be reached at the time. Parties who consider what they have learned during the mediation process often reach a settlement after the hearing in order to avoid spending precious time and additional funds which may never be recovered at trial.
Who Can Mediate a Case?
Mediators range in training from practicing attorneys, retired judges or other professionals to highly trained mediators who work full or part time in the specialized field of mediation. The right mediator for your case is one who demonstrates overriding neutrality in evaluating and resolving your case. The effective mediator will help the parties recognize the strengths and weaknesses of both sides’ case so that at the end of mediation both parties are reasonably satisfied with the outcome.
How Do I Start the Mediation Process?
If you have a dispute with another person or business, which you want to be resolved, you can first propose to the other side to mediate the case. If you are uncomfortable with that option, then you make the first call to the mediator and ask the mediator to approach the other side with the invitation to mediate.