What is mediation?
Mediation is a process where a neutral third party (a Mediator) listens to each party’s description of the dispute and helps them reach an agreement that both parties feel is fair. The Mediator helps the parties settle their dispute without judging the merits of the case.
What are the benefits of mediation?
Mediation provides a way for people with disputes to make their own choices and regain a sense of control over the dispute. Mediation allows a person who is a party to a lawsuit to more actively participate in the process.
Mediation also gives each party an opportunity to educate the other party and helps each party make a more realistic assessment of the strengths and weaknesses of the case. This leads to more reasonable and flexible positions.
The mediator keeps the parties focused on exploring productive avenues towards settlement which reduces posturing and hard bargaining.
The cost of mediation is minimal compared to the costs of taking a dispute all the way to trial.
Mediation is especially useful if the parties:
What do I do as Mediator?
Mediation is a process where a neutral third party (a Mediator) listens to each party’s description of the dispute and helps them reach an agreement that both parties feel is fair. The Mediator helps the parties settle their dispute without judging the merits of the case.
What are the benefits of mediation?
Mediation provides a way for people with disputes to make their own choices and regain a sense of control over the dispute. Mediation allows a person who is a party to a lawsuit to more actively participate in the process.
Mediation also gives each party an opportunity to educate the other party and helps each party make a more realistic assessment of the strengths and weaknesses of the case. This leads to more reasonable and flexible positions.
The mediator keeps the parties focused on exploring productive avenues towards settlement which reduces posturing and hard bargaining.
The cost of mediation is minimal compared to the costs of taking a dispute all the way to trial.
Mediation is especially useful if the parties:
- Need to protect confidential information, good will or reputations.
- Seek to avoid the emotionally and psychological exhausting process of litigation.
- Seed to avoid the expense of litigation.
- Need a quicker resolution of the dispute than they can achieve in court.
- Cannot accurately predict the outcome of a trial.
- Desire to maintain control over the outcome.
- Desire to be heard by the opposing party.
- Desire customized relief which may not be available in the litigation process.
- Need a structured negotiation process.
What do I do as Mediator?
- Ask questions—maybe some that amount to a reality check.
- Find out if you and your client are really looking for a settlement.
- Make sure that you and your client are fully heard in the mediation process.
- Remind you and your client to look at the big picture.
- Tell you and especially your client that trials are expensive, stressful and time-consuming, and the outcome is far from certain.
- When necessary, reframe communication so that they are better understood and received.
- Communicate to the other side what needs to be said, but, at the same time, maintain confidentiality requested by each party.
- Get each party’s best offer.
- And, finally, make the point that an amicable settlement, while not always satisfactory to either side, is the best of all possible worlds and a win-win for both sides.
