What is Mediation?

Mediation (noun) 1: private, voluntary process in which an impartial person facilities communication between parties to promote settlement, 2: does not involve a decision by the mediator.

Mediator (noun) 1: neutral (third person) selected by the parties to a dispute to assist in the identification of issues, generation of options and facilitation of a mutually acceptable agreement.

Mediation is . . .

Cooperative. In mediation, the parties in a dispute work together with the assistance of the mediator to arrive at a mutually agreeable solution. The mediation process promotes communication, cooperation and restoration of relationships by negotiating peaceful settlements. In mediation, the participants explore options and choose a solution that meets their basic needs and is consistent with their sense of fairness.

Confidential. The mediation process protects the parties' interests and legal rights. In order to encourage the free exchange of information, all mediation sessions are confidential.

Empowering. Mediation allows individuals and organizations to maintain control of the decisions that affect their future. Mediation is a voluntary process where participants create solutions that meet their mutual needs and interests. Further, the mediation process gives the participants experience with conflict resolution methods that they can use in resolving future disputes.

What types of disputes can be resolved? Any dispute that arises between two or more individuals or entities can be mediated. Mediation can be especially effective when the issues are complex or when there is a high level of emotion surrounding the dispute.

What can I expect in a mediation session? All parties participate in the mediation session. Mediation is not a process to determine guilt or innocence. The mediator assists the parties in clearly defining the issues in dispute, guides the communication process, helps participants resolve misunderstandings, walks the participants through exploring options and facilitates an outcome which meets the specific interests of the parties involved. Individuals are given the power to articulate their expectations and interests and craft a solution which directly meets these interests.

What is the mediator's role? The mediator is an impartial third party with conflict resolution training and skills who assists people during the process of arriving at a mutually agreeable solution. In contrast to the traditional adversarial approach where a judge or arbitrator holds an evidentiary hearing, listens to the cases prepared by each party's counsel and makes a judgment - in mediation, the mediator acts as a catalyst, helping to create possible solutions on which the parties can agree, facilitating the parties' negotiations and assisting in developing a written document.

What is the focus of mediation? Although fact-finding to determine the origin of a dispute is an important part of the process, mediation tends to focus on moving forward, resolving the dispute and constructing a foundation for any future relationship between the parties.

Do I need an attorney? Legal representation is generally allowed in mediation; it is not required. The language used in mediation is normal everyday language. It may be helpful to have an understanding of your legal rights and remedies prior to beginning the mediation session in order to negotiate most effectively.

Does mediation work? Yes. The mediation process recognizes that each party and dispute brings unique interests and characteristics. The flexibility of the process allows participants to explore interests at stake, and, where necessary, the underlying sources of conflict. In mediation, the parties consider a wider breadth of possible outcomes than is available in a court of law. Any solution is possible in mediation. Because decisions are made by the participants, they retain ultimate control of the process and outcome.

Are mediation agreements legally binding? A mediated agreement is usually expressed in a written document outlining the solution crafted by the parties. For this reason, performance under mediated agreements is generally high. If the parties choose, they can include a statement making this agreement enforceable at law.

How long does mediation take? Many disputes can be resolved in a single session lasting only a few hours. More complex matters may require several sessions. The mediation process can generally be completed within hours, into within days or weeks depending on the complexity of the dispute.

What does it cost? Mediators in private practice usually charge by the hour and the cost is typically shared by the parties. My fee is $300 per hour, but in exigent circumstances, a lower hourly rate can be arranged. The cost of a mediation is considerably lower than either arbitration or litigation.