Mediation is a dispute resolution process that is coordinated by a neutral third party. The neutral party is referred to as a mediator.  This person is usually trained in the art of mediation. The mediation process is mostly voluntary and informal.  Its major purpose is to bring two disputing parties together to resolve their dispute in a flexible, convenient forum.  It also enables both parties reach a swift resolution.

How does mediation work?

How mediation helps a case is majorly case-dependent.  However, there are general steps that the mediation process is usually expected to take.  The following are steps in a typical mediation process:

  • Introductory matters: The mediator welcomes all parties and oversees introductions. He or she then explains the process and the ground rules.  This will include the roles of all parties present – the mediator, the disputing parties and their attorneys (if present).
  • Each party gives their statement on what happened: Each party is allowed to narrate what happened from their viewpoints.
  • Clarification of issues: The mediator asks questions that are meant to clarify issues. Sometimes, the narration from disputing parties can be emotional.  The logical questions the mediator asks helps the parties tell their stories in a more clear-headed manner.
  • Discussion with both parties separately: The purpose of this is to propose solutions and work towards getting both parties to agree to a settlement. This usually involves some going back and forth by the mediator.  He or she will carry information, proposals, and points of agreement between the parties.
  • Mediator suggests a final agreement for parties to accept

Other things to note about mediation

Apart from the process, there are other things you should know about how mediation works:

  • It does not eliminate the need for an attorney: It is an alternative dispute resolution method and it is used as a way to avoid litigation. However, it does not eliminate the need for an attorney, though they are not always necessary.  In situations where the case is difficult and complicated, attorneys may be needed for information gathering and providing witnesses.  This is called the discovery process.
  • The cost of mediation is usually shared by the disputing parties: Unless it is stated otherwise in the contract, the cost is shared by the disputing parties. This is inclusive of the cost for the time of the mediator usually depends on the location and complexity of the dispute.  The cost of getting an attorney for any part of the mediation is borne by the party who hires the attorney.
  • It is not binding on the parties: The mediation process is not binding on the disputing parties. All the mediator can do is suggesting ways to resolve the dispute.  The disputing parties can choose to ignore the proposed solution if they are not satisfied with it.  However, if the agreement is lodged in court it can be adopted as a judgment that will then bind the parties.

An experienced and competent mediator can help you

Hal Wotitzky, Esq. has been a full-time mediator for over 21 years.  He has mediated over 2500 cases and is known for the insight, persistence, dedication and sense of humor he brings to his practice.  With his wealth of experience, dedication and persistence in managing even the most difficult cases, he is your best bet for a satisfactory result.