WHAT IS MEDIATION?

Mediation is a voluntary and confidential way to resolve disputes without giving the decision making power to someone else (like a judge). It involves sitting down with the other side in the dispute and a third party who is neutral and impartial (the mediator). The mediator helps the parties identify the important issues in the dispute and to decide how they can resolve it themselves. The mediator doesn't tell them what to do, or make a judgement about who's right and who's wrong. Control over the outcome of the case stays with the parties -- something that cannot happen if the case is decided by a judge.

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WHY SHOULD I MEDIATE?

A lot of people feel a little overwhelmed by the complexity, cost and time involved in taking a case through the legal system. They may end up believing that they have not gotten the result they wanted (even if they "win" in court). With mediation, there is an opportunity to use an expert in communication to help the parties resolve the dispute themselves. This approach often preserves productive business relationships and important family relationships. Since the parties are the ones that know what gave rise to the dispute and what is really important to them, they are the ones who can do the best job of developing a workable solution.

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WHAT CASES ARE RIGHT FOR MEDIATION?

Mediation is often successful in cases in which there is, or has been, a relationship of some kind between the parties. This may be a business relationship, a social relationship or a family relationship. Thus, commercial disputes, contract disputes, neighborhood disputes, landlord-tenant disputes, employment disputes and divorce, custody and other family disputes all may benefit from mediation. In addtion, complex litigation, personal injury cases and even public policy disputes have all been handled through mediation successfully.

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ARE AGREEMENTS BINDING?

A mediated agreement is enforceable in the same manner as any other written contract.

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WHAT WILL MY LAWYER DO?

Lawyers know a lot about the legal process and know that for some cases mediation is a good alternative to taking a case to trial. A lawyer can help his or her client understand what might happen if the case went to court, which would be very helpful in determining whether it would be a good idea to attempt to resolve the case through mediation. Lawyers may prepare their clients to mediate alone or may accompany their clients to the mediation sessions. Lawyers provide advice on the legal aspects of a case, and should be consulted before any agreement is signed in mediation.

MEDIATION:
The Use of an Impartial Person to Help Make Informed Decisions and Develop Mutually Acceptable Agreements.

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