What is mediation?

Mediation is a facilitative process in which the parties negotiate the issues (liability, damages, divorce, etc.) with the assistance of a neutral third party known as a mediator. Over the course of several sessions, the mediator meets with the parties, and often with legal counsel, to craft a deal that both sides can live with. We have often heard the phrase “win win” outcome, as contrasted with litigation’s “win lose” promise (which often turns out to be a “lose lose”, if you ask the parties about their experience).

Among other things, the mediator may:

•· Help identify matters that need to be addressed in the course of the mediation.

•· Provide information regarding how matters may be resolved should an agreement not be reached during mediation.

•· Draft a final agreement for both parties to review.

How do I know if mediation will be right for me?

Mediation can be good option if the parties have a pre-existing relationship, one that could be adversely affected by the process and outcome. Landlord tenant disputes; commercial disputes (owner/customer, vendor to vendor, corporate or partnership dissolution); marital disputes; sibling disputes; to name a few).

The process is private, quicker than going to trial, and far less expensive than an adversarial proceeding. And parties tend to self-regulate enforcement, once they buy into the idea. Mediation is a process that promotes self determination over third party decision making (judge or arbitrator). Most people will adhere to their own commitments, faster than they will to someone else’s decision about them.

Importantly, any signed settlements reached in or after mediation are useable in later enforcement proceedings, if necessary.

Conclusion

Whether mediation or another form of alternative dispute resolution (A.D.R.) will be useful for you (such as arbitration, early neutral evaluation, collaborative law, or negotiations) depends on the specifics of your dispute and factors like time, energy, financing, urgency of the need for an outcome, and similar considerations.

You are well advised to get A.D.R. advice and assistance from a law firm such as ours. We emphasize, regularly use, and thoroughly understand A.D.R. We will be happy to help you.