Mediation is a dispute resolution process in which a third party neutral (mediator) helps and guides you and the other party or parties to create mutually workable and satisfactory solution. The mediator may offer ideas or evaluate parts of the dispute; however, it is the parties who create the solution. The mediator is in charge of the process and helps you and the other parties articulate your needs and concerns. Although it is a confidential process, if the parties reach a resolution, the mediator will help them reduce that to writing. The written agreement may become a binding contract.
- Benefits of Mediation
-
-
Voluntary– empowers parties to achieve their own mutually satisfactory resolutions;
-
Confidential;
-
Less expensive/time consuming/formal than the traditional legal process;
-
Chance for everyone to act as joint problem-solvers rather than sworn adversaries;
-
Safe place to brainstorm options and explore possible resolution without risk;
-
May build or restore trust and improve communication skills.
-
- Mediation Process
-
-
Opening by mediator explaining process and ground rules;
-
Each party gets to explain the issue and tell their side of the story;
-
Information gathering/problem identification/generating options through open ended methods;
-
Bargaining/negotiation—often done through caucus;
-
Settlement.
-