Mediation

What is Mediation?

Mediation is, “The act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968)

Mediation is a form of Alternative Dispute Resolution (ADR), serving as an alternative to a jury trial. It begins with a legal dispute between two neutral parties. The parties then decide to proceed with a neutral third party known as a mediator overseeing them. The mediator attempts to help reach a mutually agreeable settlement in a private setting. Mediation is somewhat similar to arbitration, though there are differences. Mediation is non-binding, less formal process. Unlike in arbitration, a mediator does not come to any conclusion themself. A mediator has no real legal power over either party. Because of this, the mediator can communicate with both sides in ways that a judge or an arbitrator can’t, and can use creative methods to find mutually acceptable solutions that might not otherwise emerge.

A mediator only attempts to have two parties reach an agreement. Unlike others forms of ADR, if no agreement is met, the dispute will simply move forward to trial or another kind of resolution in the end. Mediation is a cheap, flexible way to attempt to solve a dispute, but not very strong.