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:
The parties (not the mediator) are responsible for crafting the agreement.
- Identify Issues
- Discuss all Interests
- Generate Options
- Develop Solutions and Write Agreements.
- 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.