Mediation

Mediation is an alternative dispute resolution (ADR) process where a neutral third party, called a mediator, helps disputing parties communicate and negotiate to reach a mutually acceptable solution without going to court.

Key characteristics of mediation include:

• Neutral facilitator: The mediator does not decide who is right or wrong, nor impose a decision. Instead, they guide the discussion, help clarify issues, and encourage cooperation.
• Voluntary and confidential: Participation is usually voluntary, and what is said during mediation is confidential and cannot be used as evidence if mediation fails.
• Flexible and informal: Mediation is less formal and more flexible than litigation or arbitration, allowing creative solutions tailored to the parties’ needs.
• Focus on communication: The mediator helps parties listen to each other, express their views civilly, and explore underlying interests rather than just positions.
• Process structure: Typically begins with a joint session to set the agenda and define issues, followed by private caucuses where the mediator meets each party separately to explore positions and encourage concessions.
• Non-binding: If parties cannot agree, mediation ends without a resolution, and they may pursue other dispute resolution methods like litigation.

Mediation is often used in civil disputes, especially where parties have an ongoing relationship and want to preserve it, such as family, business, or community conflicts.

In summary, mediation empowers the parties themselves to craft their own agreement with the help of a neutral facilitator, making it a collaborative, cost-effective, and confidential way to resolve disputes outside of court.