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Mediation — Is it Right for Your Case?

Mediation is a formal settlement conference that serves as a bridge between formal litigation and informal negotiations, making it a vital tool for resolving disputes while preserving relationships. Its effectiveness in various settings allows for mutually beneficial outcomes that might not be attainable through traditional litigation.

How it Works:
The parties typically select (or are assigned) a third-party who is “neutral” to the outcome of the lawsuit (in fact, a mediator is often called a “neutral.”)  The mediator is often a lawyer, or a former judge, who has special training to help parties resolve lawsuits and disputes.  Ideally, everyone meets at a neutral location (the mediator’s office) but sometimes the mediation will take place in the conference rooms of one of the parties’ attorneys.  

Non-binding Nature:
One key feature of mediation is its non-binding nature. Unlike judicial decisions or arbitration, mediation does not enforce a decision upon the parties. Instead, mediators work to create a cooperative environment where both parties can reach a mutual agreement. This flexibility often leads to more satisfactory outcomes for all involved.

Mediation Stages

• Introduction by the Mediator:  The mediation process begins with the mediator setting the stage, introducing the parties, outlining the goals and rules, and promoting a collaborative approach. This initial step is crucial for building trust and setting a positive tone for the discussions to follow.
• Statements by the Parties:  Each party is given an opportunity to present their side of the dispute without interruptions. This stage allows for a comprehensive understanding of all perspectives, helping to clarify the core issues at hand.
• Information Gathering:  During information gathering, mediators often hold private meetings with each party. These confidential sessions allow for a deeper exploration of interests and concerns, ultimately guiding the mediator in facilitating a fair negotiation.
• Bargaining:  In the bargaining phase, the dynamics of negotiation come into play. Mediators may decide to keep parties separated to enhance the negotiation process, ensuring that conversations remain focused and productive.
• Settlement:  If agreement is reached, the process concludes with the potential resolution where agreements are often written and signed. This official step seals the mediation process and provides a clear path forward for both parties.

While not every case will resolve in a formal mediation, many do.  It’s a less adversarial approach compared to traditional litigation, and it lets each side have a hand in their own destiny.