Mediation is a problem-solving process in which a neutral, skilled third person – the mediator – helps the parties to a dispute reach a voluntary agreement. The mediator does not decide how the dispute should be resolved, but instead helps the parties develop agreements that are mutually satisfactory to all parties.
Mediation – The Many Advantages Over Litigation:
- Mediation is less expensive and less time-consuming.
- Mediation leaves control of the outcome in the hands of the disputing parties rather than in the hands of a judge or jury.
- In mediation the parties are free to fashion their own unique solutions to the conflict, including solutions that a court would not be able to order.
- When ongoing relationships are important, as, for example, in the case of a dispute among family members or between businesses that wish to continue a business relationship, mediation provides an opportunity to resolve a dispute in a non-adversarial way so that important relationships are repaired and preserved.
Even when going to court is not an option for the parties, mediation can be a very useful process. Sometimes parties or their attorneys are unable to communicate with each other well enough to work out an agreement. A mediator will help the parties develop an effective communication and negotiation process. In many disputes the mediator’s neutral perspective can enable the parties to take a fresh look at the conflict and at potential solutions so they can move past an impasse.