What is Mediation?

Mediation

What is Mediation?

Mediation, also known as Alternative Dispute Resolution (ADR), Dispute Resolution, and Conflict Resolution, is an alternative to trial. The parties involved must voluntarily agree to mediate, which means no one party shall be forced into mediation.

What is a mediator? The mediator, the impartial party, works with the parties to help them generate their own solutions in settling their conflict. The mediator is not a judge and therefore cannot make a solution.

Mediators are certified and trained from various professional backgrounds. They may include attorneys, social workers, human resources specialists, professors, and consultants.

Mediation is NOT a legal proceeding.

Is my Case Suitable for Mediation?

The majority of cases mediated are civil in nature. Mediations may involve disputes between landlords and tenants, family members, juvenile offenders, employers and employees, and community members.
If the parties wish to settle a disagreement without going to court or if a relationship will be compromised, mediation is a good choice. Mediation is an option even if you are thinking about taking your case to court. Settlement may be the wiser choice than to go through with court proceedings.

Mediation is oftentimes a better choice if the parties cannot afford the time and expense that would otherwise be associated with litigation.

What is the Mediator’s Role?

The mediator facilitates communication between the parties involved in the dispute. As already mentioned, a mediator does not impose solutions.

Mediators do not advise parties or take sides. There is no judgment on the mediator’s part. Instead, the mediator will work with all the involved parties to help them reach a mutually acceptable resolution.

How Long Does Mediation Take?

There is no time limit set on a mediation session, as this is determined by the nature of the dispute and the issues to be resolved by the parties. Some mediations may take only twenty minutes, while others may take up to five hours.

Where Does Mediation Take Place?

To mediate, contact your local mediation and dispute center. Court programs provide mediation, as well as church groups. This depends on the scope of your dispute and the area in which you reside in.