What is Mediation?

Mediation is a voluntary, non-binding, private, and informal process that allows parties to reach an agreement through negotiation and a mediator’s help. Mediation has become increasingly popular over the years for parties who are trying to avoid litigation and has shown to be successful in its execution of principles and strategies. Mediation’s affordability over other legal avenues in addition to its attention to parties’ interests and emotions, which is not taken into account as much, if at all, in courts has made it into the preferred avenue for dispute resolution.

Mediation is a process that was introduced as a way to encourage parties to arrive at an agreement by promoting their own willingness to communicate with one another with the help of a third-party neutral. Parties are decision-makers and there is no formal process of discovery or argumentation. Through mediation, parties have opportunities to break impasse, generate options, reconcile, and work through negative emotions as opposed to simply reaching a transactional solution and abandoning a potentially salvageable relationship. In order to do so, parties must feel at ease with the process and must trust that the mediator is truly neutral and cares about the situation.

The Mediator’s Job

A mediator’s job is to facilitate communication between parties without imposing his or her own ideas. A mediator does not provide parties with legal advice. By demonstrating genuine impartiality, parties trust the mediator’s guidance and are more likely to act in compliance with the agreed upon settlement. While the mediator controls the process of mediation, a successful mediator understands that productivity and resolution lie in the hands of the parties. Therefore, it is important that the parties are comfortable with who they have as a mediator to ensure movement in the right direction during the process.