Mediation FAQs
What is mediation?
What benefits does mediation offer?
What kind of disputes can be mediated?
What is the difference between mediation and arbitration?
What is mediation?
Mediation is a voluntary and confidential process for resolving disputes with the assistance of a neutral third party, a mediator.
A collaborative process, mediation enables parties in conflict to work together to overcome differences and create mutually acceptable solutions.
The mediator does not act as a judge or provide legal advice but instead serves as a neutral facilitator to ensure that the parties are able to have a productive conversation. The mediator assists the parties to clarify the issues, address barriers to agreement, problem-solve differences, and negotiate a resolution that works for all.
What benefits does mediation offer?
Privacy. Communications made during a mediation are privileged and confidential.
Choice. Mediation is fully voluntary. All the parties participate because they have chosen to.
Convenience. Mediation sessions can be set up to meet the schedules and needs of the parties.
Informality. Unlike court, mediation has no formal rules or procedures. It is an informal and flexible process.
Control. The mediator does not impose decisions on the parties. Instead, all decision making remains in the hands of the parties themselves.
Cost savings. Mediation reduces the costs of conflict by helping individuals resolve disputes quickly and move forward with their lives.
Collaborative. Mediation can help people improve their relationship and communication with each other.
What kind of disputes can mediation be used for?
Mediation has been used successfully in many kinds of disputes. These include but are by no means limited to:
- Personal injury and insurance
- Commercial disputes
- Business and workplace
- Employment discrimination
- Divorce and separation
- Family and family business
- Decisions involving elders
- Estate planning and probate issues
- Real estate
- Condominium associations
- Community and neighborhood
- Non-profit organizations
- Churches, synagogues, and other religious organizations
What is the difference between mediation and arbitration?
Both arbitration and mediation are forms of alternative dispute resolution--alternatives to litigation. Arbitration and mediation differ from each other in several ways. In arbitration, the arbitrator hears evidence and renders a decision for the parties by applying the law to the facts presented during the hearing, much as a judge would in court. Generally speaking, the arbitrator's decision is final and cannot be appealed except under very limited circumstances.
In mediation, the mediator facilitates settlement discussions between the parties, who decide for themselves what options would best meet their needs. Mediation's focus is on the interests of the parties--their concerns, goals, and needs--and aids the parties to negotiate together to reach an agreement that meets the interests of all at the table.
Arbitration and mediation each offer benefits, depending upon the issues involved, the nature of the dispute, and the needs of the parties.
Have questions? Please get in touch.
top
|
