finding a solution for All Parties

Mediation

WHAT IS MEDIATION?

Mediation is a process used to resolve disputes. In mediation the parties are assisted by a neutral third-party called a mediator. The mediator does not impose a solution, but rather facilitates communication with the goal of reaching a settlement.

 

HOW IS MEDIATION DIFFERENT?

Disputes may be resolved in many ways. The parties often try to negotiate a settlement. This can be done directly or through representatives. There are other options such as mediation, arbitration and litigation.

Litigation is adversarial where the judge or jury makes the decision. Often litigation produces a winner and a loser. Through arbitration the parties present their case to a third person who then decides the dispute. In mediation, the parties approach a mediator to help them find a solution. The mediator’s role is to enable the parties to work with each other to achieve a common goal – a mutually acceptable agreement.

 

FINAL ANALYSIS

Mediation can be initiated at any time to resolve any type of dispute. The parties may agree to attempt mediation before arbitration or filing a lawsuit. If the mediation is not successful, the parties may pursue all other rights.

Mediation is a process in which parties come together with the help of a mediator and try to resolve a dispute. Mediation allows the parties to keep control of the outcome and design their own solutions. If mediation produces an agreement, then the parties are free to get on with their lives.

“Mediation is conflict’s way of looking at itself.”

Montesquieu