What is Mediation?

 Mediation is a process where an impartial third party assists disputing parties in the negotiation of mutually acceptable resolutions to their conflict. It is a form of alternative dispute resolution (ADR), and is used by courts, state and local agencies, private individuals, and corporations to resolve their disputes.

The word mediation is derived from the Latin “medius” or “middle.” Mediation involves the intervention of an independent neutral person, known as a mediator, into a dispute to help the parties reach their own solutions. In the United States, most mediators are certified by the state and have legal responsibilities regarding confidentiality, malpractice, and disclosure of their involvement in cases they mediate. Many states also have laws regulating mediators, and some require that a mediator obtain liability insurance.

Most often, parties in a case reach a settlement at mediation that is based on the facts and applicable law of the case. However, if the parties are unable to agree on a solution at mediation, they will need to go to trial. Mediation is often a quicker and less costly method to resolve a case than going through traditional litigation in court.

Before a mediation takes place, all parties should consider their interests in the case and how those interests might differ from other parties’ interests. The goal should be to enter the mediation confident enough in one’s own understanding of the matter that he or she is willing to explore new ideas and alternatives in a collaborative manner.

The process of mediation usually begins with an introduction of the mediator and a chance for the parties to describe their concerns. Depending on the circumstances, the mediator may then meet with each party individually, or separately in a meeting called a caucus.

During the joint session, each party or their lawyer will have an opportunity to explain their position and mediation goals in confidence to the mediator. The mediator will then use a variety of communication and negotiation techniques to assist the parties in exploring their options and reaching an agreement.

The mediation can end with a full agreement, a partial agreement, or a settlement that does not include all of the issues in the dispute. Typically, all resolved issues are written down and signed by the parties and their attorneys (if present at the mediation).

If the agreement is a complete settlement, the parties will sign a release of claims or non-claims, and then they can begin to implement the terms of the resolution. The parties must follow all laws and regulations in implementing the settlement. A completed agreement can also be an important piece of evidence for the trial if necessary. The result of the mediation is not binding on the court, but it can be helpful to the judge or jury if presented at trial. If the settlement is not enforceable by the court, it will not hold up in a court of law. This is why it is so important for the parties to have all of their questions answered at mediation.what is mediation