Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged and empowered to actively participate in the process. Mediation is a “party – centered” process in that it is focused primarily upon the interests, concerns, needs, and rights of the parties. The mediator uses a wide variety of skills and techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that the mediator manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms (reality-testing), while refraining from providing prescriptive advice to the parties (e.g. “You should do…”).
Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.
The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamic that “ordinary” negotiation lacks. The process is private and confidential, and agreements are legally binding.
Mediation is less rigid and less intimating than litigating in a courtroom. Parties are allowed and encouraged to discuss their issues and work collaboratively in solving their dispute. The parties have control of the outcome.
Because Mediation requires the collaboration and input of the parties there is a higher degree of satisfaction and adherence to their agreement is higher than compliance with a court order. Agreements are more successful because they are tailored to the parties needs not one size fits all rulings.
Mediation is time conscious. Mediation is done in real time. The cost savings are enormous in comparison to litigation. Parties are present during mediation and communication is done in real time verses email, letters, and phone calls between the attorneys, the paralegals, and the clients. Parties are not waiting on court dates, instead the parties are controlling the calendar and can complete mediation in a few sessions.
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