What Mediation Is

Mediation is a form of negotiation of a dispute facilitated with the help of a neutral. If negotiation is difficult, mediation can help. Mediation can provide a negotiating environment where personal animosity is put aside. A secure, neutral environment permits clear definition and candid discussion of the issues, resulting in solutions which the disputants control.

Mediation is non-binding until agreement is reached and may be terminated at any time a disputant desires. It can be utilized to address the entire dispute or a portion of the dispute. The process moves at the pace desired by the parties. The mediator can structure the process to maximize success. The mediation and the results can be completely confidential.

When To Use Mediation

Mediation may be used in any dispute at any time during the dispute except where the disputants want a third person to render a binding decision to establish a principle.

Benefits of Mediation

Mediation works. Reports indicate that 80% of the matters submitted to voluntary mediation are resolved. Mediation values the self-determination of the disputants concerning the nature process, the issues, the mediator, the schedule and the outcome. Mediation can preserve relationships. Mediation is less expensive than litigation or administrative proceedings. Mediation allows for creative solutions that are not bounded by the immediate issues. The dispute may be kept private.

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