What is Mediation?

Mediation is an effective tool used worldwide to resolve numerous kinds of disputes without the expensive, lengthy, and often frustrating legal process of litigation. It is alternative dispute resolution (ADR) that combines active communication, negotiation, and problem-solving techniques used by an impartial third party — a mediator — to help two or more parties in conflict reach a resolution. The concept of mediation has been used successfully in a wide range of similarly structured and culturally diverse geographic areas and disputes, ranging from divorces, to business disputes, and community issues.

What are the Benefits of Mediation?

The mediation process offers a variety of benefits for all parties involved, including quicker and more efficient resolution of disputes, and decreased legal expenses. Once the parties have agreed to try mediation as an alternative form of dispute resolution, the mediator will help them to have an organized and rational discussion of their issues so that they might more effectively reach a mutual resolution.

Mediation also gives parties in dispute control over their agreement. Unlike litigation, where a judge makes a binding decision, the parties in mediation have full control over the process and outcome. During the process, the mediator, an impartial third party, helps the parties to find common ground, identify interests, and explore options for resolution. The agreement that is eventually reached is decided and created by the parties themselves.

Another beneficial feature of mediation is its privacy. Mediation is much less formal than litigation and the process is generally confidential. Mediators ensure that the dispute resolution is conducted in a safe, secure, and comfortable environment in which they can openly discuss their differences without fear of public disclosure.

What Happens in a Mediation Session?

The first step in the mediation process is the selection of a mediator. A mediator should be impartial, knowledgeable in the subject of the dispute, and skilled in dispute resolution techniques. Then, all parties must agree to take part in the mediation process.

Once all the parties have agreed and a mediator is selected, the mediator will generally lead the parties through a series of discussions designed to identify interests and explore options for resolution. During these discussions, both parties will have the opportunity to explore their options and discover potential solutions to their dispute.

Finally, the mediator will put together an agreement that is acceptable to both parties and help the parties sign it; however, the parties have the final say, as the agreement is voluntary.

In short, mediation is an effective, cost-saving, and private method of dispute resolution that lets the parties involved — not a judge or jury — decide the outcome of the dispute. It helps parties in conflict to explore options and find solutions, while also reducing expenses associated with litigation and minimizes conflict.