The Mediation Process
What is Mediation?
In mediation, a neutral mediator assists those involved in a dispute to jointly explore and attempt to settle their difference.
How Does it Work?
The Mediator:
- is jointly selected.
- holds joint and separate sessions with both sides.
- focuses parties on common interests and steers them away from personality disputes.
- points out weaknesses in each party's case.
- narrows issues.
- facilitates trade-offs.
- allows parties to "vent."
- saves parties "face."
- recommends a resolution.
Advantages:
- Parties fashion their own settlement voluntarily without dictation by a judge or arbitrator.
- Parties learn how to resolve their own disputes.
Disadvantages:
- Mediation may not result in resolution if the parties fail to settle.
- A lawsuit may proceed unless the parties reach a settlement agreement waiving future legal claims related to the issue in dispute.
- *Mediation may expose positions and evidence that will be used by the other side at trial if settlement is not reached.