What is Mediation

Mediation is a confidential, voluntary and private process in which a neutral party (the mediator) facilitates negotiation and resolution of the parties' dispute. 

Mediators are neutral.  Mediators do not give legal advise or tell you how your case will turn out.  Unlike judges, mediators cannot impose a settlement of the dispute.  A mediator is there to help the parties better understand the other side, the potential strengths and weaknesses of their case, and to help work towards possible solution.  Many times a neutral is able to  suggest solutions that have not previously been explored or considered. Ultimately, settlement is decided by the parties and their attorneys with the assistance of the mediator. 

 Most mediations occur at an attorney's office or some other location where there are different conference rooms available.  Parties may start together for opening introductions where the mediator will explain the process and his/her role as a neutral.  If the case is highly contentious, the joint introduction sessions may not occur and the parties may begin in separate rooms.  After the initial joint session, mediations are largely conducted in "caucus", meaning each side or party and their attorneys are in different rooms from the other side.  Caucuses allow for the mediator to meet separately with each party to discuss privately their needs and concerns.  Parties should not read too much into how much time a mediator spends with one party or the other.  

Mediation is generally a less expensive and less time consuming alternative to formal litigation and trial.   Mediation allows the parties to maintain some control over the outcome of their dispute.  Any settlement reached in mediation will be the parties settlement as opposed to a judgement or decision imposed by a judge or jury.  Another advantage of mediation my include the ability to repair or maintain relationships between parties.  Finally, what I hear most often, is that mediation allowed parties to move on with their lives.  Mediation allows parties to participate in the process and outcome of their dispute.  Most importantly, in many cases, mediation allows closure. 

Mediation is a confidential process, what is said in mediation is not admissible in court or at trial.  This allows for a flow of information and settlement discussion that may not occur in formal litigation.  Many times in mediation parties learn new information or are able to gain understanding regarding the opposition's case that they otherwise would never know or understand.  The willingness to negotiate in good faith and share information allows for parties to explore and potentially reach settlement of their dispute in mediation.