What is Mediation?

Mediation is an informal, yet structured, process in which an impartial third person, known as a mediator, helps disputing parties to reach a mutually acceptable solution to issues that are causing conflict between them. The Mediator does not decide how the dispute should be resolved, as a judge or arbitrator would, but instead guides the parties through a process in which they discuss the issues, list options for resolving the dispute, and design their agreement. It is a voluntary process which either party can terminate at any time.

What are the Benefits of Mediation?

  • Parties maintain control over the outcome of their own problem. The final agreement is designed by them according to their own interests.
  • Disputes can be settled quickly. A mediation session can be scheduled when both parties agree to use mediation, even before a lawsuit is filed.
  • There is no winner or loser. Mediation promotes better relationships through cooperative problem-solving and improved communication.
  • Both legal facts and the real interest of the parties are considered with the help of an impartial mediator.
  • Mediation is private and confidential. The mediator and the parties must maintain, to the extent required by law, the confidentiality of the information disclosed during mediation.
  • Mediation is voluntary. The mediation may be terminated at any time by a party or the mediator. Settlement is also entirely voluntary. If an agreement cannot be reached, the parties still have the right to take the dispute before a judge or jury.
  • Mediation costs are significantly less than taking a case to trial.