Mediation

Mediation is a form of alternative dispute resolution (ADR) that involves the services of an independent neutral – the mediator – to resolve a dispute by facilitating communications between the disputing parties.  The mediation process is entirely voluntary and no party is forced to agree to a settlement.  It is a private and informal dispute resolution process where the mediator assists disputing parties in reaching an agreement that resolves their dispute.  Mediation is based upon the belief that the parties are best suited to determine how their dispute should be resolved.  If a settlement is reached, the terms of the settlement are mutually decided by the parties, not the mediator. 

The mediator is a neutral third person trained to assist disputing parties in reaching a mutually acceptable agreement for resolving their dispute. The burden of this resolution remains on the parties and on their arriving at a mutual understanding and agreement. The mediator coordinates the negotiation process but does not have any authority to make a binding decision.

After mutually agreeing to hire the mediator, a hearing date is established.  The parties may, but are not required to, provide documentation and/or evidence to support their position.  The hearing includes private, informal, joint and separate conferences with the parties in order to understand the facts and issues.  Separate meetings with each party are strictly confidential so that positions are not jeopardized.    If the process is unproductive the mediation may be stopped or continued at the parties’ discretion.

The mediator will work to ascertain the real interests of each party, clarifying positions and the other side’s views of a particular situation.  The mediator can help each party determine what is truly important and what is not.  With this understanding, the parties will be able to find alternatives and often creative solutions that they have not previously explored.  Once settlement and compromise is clear, the mediator will assist in drafting the settlement terms that resolve the current problems and meet the needs of the parties.  These terms can then be taken by the parties to an attorney for legal preparation in contract form.