Mediation is a dispute resolution process in which an impartial third party helps you and the other parties involved in a dispute develop mutually acceptable solutions to your problem. The mediator will ask questions, reframe issues and assist you in understanding each other. The mediator will not take sides, pass down decisions or offer legal advice. The mediator will remain neutral during the mediation and keep all discussions confidential.
During the initial meeting with you and the other party to your dispute, the mediator will consider how the case should be mediated and incorporate suggestions from you where possible. Mediation sessions may be conducted jointly or separately, and multiple mediation meetings can be scheduled if necessary.
The process of mediation can be a complex and time-consuming one. It can also be a very difficult process for the participants because it requires them to address the real and emotional issues behind their dispute. However, it is a very efficient and effective alternative to litigation in court. It can be less costly than a trial or arbitration, and it can be completed much more quickly than either of those alternatives.
Mediation also provides you and the other party with more control over the outcome of your dispute than would be available to you in a lawsuit. In a lawsuit, the final decision will be made by a judge or jury (if there is a jury). The judges and juries make their decisions based on their own beliefs about what the law should be, and this can result in an outcome that neither you nor the other party likes. In mediation, you and the other party decide on a resolution that you both find satisfying.
As part of the mediation, you will discuss your own interests and the other parties’ interests in the dispute with the mediator and their attorneys, if they are present. This process is designed to help you understand the other side’s perspectives on the issues in your dispute and what is important to them. It is not uncommon for people to learn something new about each other through the mediation process.
The mediation will end in one of three ways: (1) you and the other party reach an agreement as to some or all of the issues in your dispute and all parties (and their lawyers if they are present) must sign the agreement; (2) the mediator declares an impasse as to some or all of the issues – this is the point at which the parties must agree to stop discussing resolution and the mediator can adjourn for the day; or (3) the trial date is set in the court in which you are suing, and a judge or jury decides your case. It is very rare that a case in which you are a party to a dispute is resolved by a trial. what is mediation