What is Mediation?

The Mediation Process

Mediation is a process for resolving disputes by utilizing an independent neutral facilitator who will assist the parties in reaching a mutually satisfactory settlement. 

A mediation session involves a discussion of the dispute between the parties rather than a formal presentation of evidence that would otherwise occur in a trial or arbitration. 

The mediation process is entirely voluntary and non-binding, unless the parties reach a legally enforceable agreement. The mediator has no power to render a decision or to force the parties to accept a settlement. Mediators do not provide legal or financial advice to the parties. Rather, a mediator's role is to assist the parties in their negotiations by identifying obstacles that may prevent a settlement and implementing strategies to overcome them to reach an amicable solution.

A mediated session is private and confidential and normally held at a neutral location. Any communications regarding the subject matter of the dispute that are generated from a mediated session are inadmissible as evidence in any subsequent litigation against a party. 

The American Arbitration Association reports that over 85% of all negotiations result in a settlement. So why does mediation work? Because mediation allows the parties to make their own decisions and ultimately dictate their own outcome. 

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