Alternative Dispute Resolution

Mediation

Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The mediator does not have the power to make a decision for anyone, but helps the parties in an effort to explore solutions and obtain a mutually satisfactory agreement.

Having a Certified Mediator at your side is critical

What is Mediation?

A Dispute Resolution Process

The objective of mediation is for parties in conflict to participate in good faith in a dialogue regarding their dispute, to present their points of view and to explore options for settlement in an effort to reach a mutually satisfactory resolution of their dispute.

The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute. While courts can mandate that certain cases go to mediation, the process remains “voluntary” in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves. 

How does it work?

There are a number of different ways that a mediation can proceed. Most mediations start with the parties together in a joint session. The mediator will describe how the process works, will explain the mediator’s role and will help establish ground rules and an agenda for the session. Generally, parties then make opening statements. Some mediators conduct the entire process in a joint session. However, other mediators will move to separate sessions, shuttling back and forth between the parties.

Is the outcome of mediation enforceable?

If the parties reach an agreement, the mediator may help reduce the agreement to a written contract, which may be enforceable in court.

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