Mediation

What is mediation?

Mediation is a process in which a neutral third party facilitates communication designed to produce an agreement that will resolve a controversy or disagreement. The process allows the participants to communicate their concerns and needs with the goal of providing a resolution that is acceptable and beneficial to both or all of the parties.


What is the basic mediation process?

  1. First determine if mediation is appropriate for the situation
  2. A mediation session is scheduled with both/all parties present at an agreed location
  3. During the session, both/all parties have the opportunity to present their side of the dispute
  4. The mediator explores the strengths and weaknesses of each side and goes through a series of questions to help uncover possible resolutions
  5. A resolution is determined based upon total agreement between the parties involved
  6. A settlement agreement is developed by the mediator to complete the process


What are typical scenarios in which mediation is needed?

  • Dispute between employee and employer
  • Disagreement between company and vendor
  • Contract negotiations
  • Family financial disputes
  • Civil disputes
  • Corporate downsizing


What are the benefits of mediation?

  1. Cost: Mediation is only a fraction of the cost of litigation
  2. Saves Time: Most mediation cases are settled within one day
  3. Privacy & Confidentiality: Matters are kept private and confidential versus possible public records of litigation or court proceedings
  4. Stay in Control: You remain in control and participate equally with those involved in the dispute
  5. Preserve Relationships: With the use of a mediator, you are more likely to maintain a healthy relationship with the other party versus damage that could be done from adversarial conflict resolution methods
  6. More Flexible Resolution Options: Structured payments, apology, retraction, letters of recommendation, confidentiality agreements, barter and agreements for future business are some of the workable options in mediation that may not be available in litigation.