Mediation is an alternative dispute resolution (ADR) method of resolving legal disputes among parties. During a mediation, a neutral third party (the mediator) attempts to facilitate the resolution of a dispute through negotiation among the parties. Mediation is a voluntary process where the parties control the outcome and there can be no agreement unless all the parties agree.
• When is mediation used?
Mediation is frequently used in pending lawsuits in an effort to resolve the dispute outside of the courtroom and avoid the time and expense of continuing the litigation. Mediation can be used before a lawsuit is even filed and at any point during the litigation process.
• What does the mediator do?
A mediator attempts to facilitate the resolution of the parties’ dispute by overseeing the exchange of information and the negotiation process. A mediator may suggest possible solutions and tries to help the parties find common ground. The mediator, however, has no authority to make a decision or impose a settlement upon the parties.
• What are the benefits of mediation?
Mediation can be a cost-effective and efficient way to achieve a desirable outcome for parties involved in a dispute, saving money and time. The mediation process is confidential, unlike resolving a legal matter through the court system. In addition, with mediation, it is possible to craft solutions to disputes that are not available in a legal proceeding.
• Is the mediation process overseen by the court system?
In most cases, mediation is not overseen by the court system; however, there are situations where a court orders parties to attend a mediation session. If the mediation fails, the court does not learn any details regarding why it failed, and the parties do not lose their rights to proceed with the lawsuit.
• How long does mediation take?
Mediation sessions can last anywhere from several hours to all day and into the night. Most disputes are resolved in one session, but there are times when multiple mediation sessions are necessary to reach a resolution.
