Mediation law is an alternate form of dispute resolution. In this process, a mediator listens to evidence from both sides and facilitates the negotiation of a solution.
Unlike other forms of ADR, mediation is not binding on the parties. In mediation, the mediator's role is not to reach a crucial decision but to help the two parties reach their own informed decisions.
Many clients opt to mediate cases for many reasons. First, it has a very high chance of being resolved by the end of the day, compared to the costly litigation often associated with courtroom disputes.
Appropriate Cases for Mediation
A case unlikely to settle is typically a good candidate for mediation. Even if the parties and their attorneys are capable of settling, a professional mediator can provide a neutral and unbiased opinion on the issues in the case. Additionally, the mediator may help the parties explore creative solutions they might not have been aware of, significantly increasing the chances of settling.
Mediation is a process that enables two parties to communicate, discuss, and negotiate a mutually acceptable resolution to their dispute with the help of a neutral third party called a mediator. If the mediation is successful, the parties agree to settle their dispute. That resolution is documented. In some cases, the mediation resolves the entire matter. In other instances, mediation is only part of the process.
Mediation is an informal process where a neutral third party meets with both parties and helps them reach a compromise.
Mediation is a less formal process than going to trial.
Typically, the parties and their attorneys meet in one room, and the mediator will meet in a separate room. The two sides will take turns making a short presentation of the critical facts of the case. Then, the mediator will separate the two sides into separate rooms and visit the mediator with each side individually. The mediator will offer his opinion and then speak with each party confidentially. The mediator will then bring the parties back together and attempt to negotiate a settlement.
