Mediation
DESCRIPTION
Mediation is a voluntary, confidential, and informal process in which a neutral third party, the mediator assists disputing parties in reaching a mutually acceptable settlement of their issues. The core purpose of mediation is to facilitate communication and help the parties generate their own solutions, rather than having a decision imposed upon them by a judge or arbitrator.
KEY ASPECTS
Voluntary: Discussions and documents used during mediation are generally kept private and cannot typically be used in subsequent legal proceedings if an agreement is not reached.
Third-Party Neutral: The mediator is an impartial professional trained in dispute resolution. They do not take sides, offer legal advice, or decide who is wrong or right.
Parties Control the Outcome: Unlike litigation or arbitartion, the people involved in the dispute retain control over the final agreement and its terms.
Focus on Interests: The process encourages parties to look beyond their stated positions to understand their underlying needs and interests, which can lead to creative and durable solutions.
Informal and Flexible: Mediation does not follow strict rules of procedure or evidence, allowing for a more relaxed and creative problem-solving environment.
BENEFITS OF MEDIATION
Cost and Time Efficiency: Mediation is generally faster and less expensive than going to court.
Relationship Preservation: The non-adversarial nature of mediation can help maintain or re-establish relationships, which is particularly helpful in workplace, family and business disputes.
Greater Satisfaction and Compliance: Because the parties craft their own agreement, they are often more satisfied with the outcome and more likely to comply with the terms.
Flexibility and Creativity: Parties can explore a wider range of solutions that a court might not be able to order.
In essence, mediation provides a structured way for people in conflict to communicate, understand each other’s perspectives, and work to find a mutually acceptable way forward.