Mediation

Mediation is a voluntary process facilitated by a trained, impartial mediator who brings disputing parties together to help them create solutions for settlement. Unlike a trial where parties are bound by the rules of evidence and limited legal remedies, mediation is a forum where parties can openly discuss their views, discover and overcome obstacles to settlement, and fashion an innovative, mutually acceptable solution based on a realistic analysis of the case. In a trial or arbitration, someone wins and someone loses. In mediation, all parties win because they have determined the outcome for themselves. Through mediation, parties can avoid the long delays, high cost and uncertainty of litigation.

The Role of the Mediator

The mediator, working with counsel and the parties, facilitates discussions that allow the parties to identify important issues, discover the source of misunderstandings, and eventually reach an agreement. Serving as a neutral, the mediator conducts joint sessions and individual sessions with the parties providing both sides an opportunity to realistically evaluate their case. The mediator will not provide legal advice and does not render decisions. Instead, the mediator promotes improved communication and cooperative problem-solving so the parties can fashion their own remedies.

Confidentiality

All discussions and any documents prepared for mediation are confidential. That means, in the event a case does not settle at mediation, disclosures made during mediation cannot be used by either party during the course of the litigation or anywhere outside of the mediation setting. Confidentiality allows parties to speak openly and honestly and provides a setting in which the parties and attorneys can discuss the facts and issues without fear that what has been said may be used against them at trial.

Benefits of Mediation

• Mediation is more cost effective than proceeding to trial.
• Mediation allows for prompt settlement of disputes.
• Mediation allows the parties to maintain control over the solutions to their dispute.
• Mediation is empowering. Instead of an adversarial, aggressive forum, mediation is a cooperative process for arriving at mutually agreeable solutions.
• Mediation avoids win/lose outcomes. All parties involved in the mediation must agree to the resolution.
• Mediation can be restorative. Solutions arrived at in mediation are more likely to improve the relationship between the parties because of improved communication and cooperation.
• Mediation is confidential, thereby promoting open and honest discussion.
• Settling through mediation is voluntary. If agreement cannot be reached, there is still an opportunity to resolve the matter before a judge or jury.