The Process Begins

Mediation is a flexible method of dispute resolution in which an impartial third- party (the mediator) assists the parties to a conflict and their counsel in finding a mutually agreeable and voluntary settlement of that conflict.

The Main Work

A mediator does not act like a judge. Mediators proceed by encouraging the parties to communicate with each other, exchange information, and find a way of resolving the dispute that is acceptable to all. During the mediation process, a mediator helps the parties to:
  • Identify Issues
  • Discuss all Interests
  • Generate Options
  • Develop Solutions and Write Agreements.
The parties (not the mediator) are responsible for crafting the agreement.

Resolution

  • The mediation process is usually much cheaper and faster than litigation.
  • Mediated solutions are often better for the parties than adjudications because the solutions are created by the parties. As such, they can be win/win, address interests and underlying causes of conflict.
  • The mediation process is very helpful in improving communication and relationships, while litigation is often destructive of these relationships.