Mediation is a form of dispute resolution that can be used
in any situation where the parties themselves cannot resolve a dispute.
In mediation, a neutral third party (mediator) facilitates communication
between the parties concerning the matter(s) in dispute and explores possible
solutions to promote understanding and settlement. As self-determination
is the fundamental principle of mediation, it requires that the mediation
process rely upon the ability of the parties to reach a voluntary agreement.
Unlike litigation, mediation is non-adversarial.
As
opposed to going to court where a judge makes decisions based on limited
information, mediation gives all participants the opportunity to speak
and be heard. Mediators are skilled facilitators who encourage appropriate
conversation, manage uncomfortable situations, and move the disputing
parties towards resolution. Mediation can be stopped by either party or
by the mediator, if deemed necessary, at any time.
Advantages of Mediation
Non-adversarial
Protects children
Preserves the interest of all parties
Private and confidential
Avoids the expense of a lawsuit
Saves time
Improves communication and problem solving skills
Provides a context for practical decision-making
Parties retain a sense of ownership in the dispute / resolution
Compliance is more likely when parties create their own solution
Easy to arrange
What Is Mediation Used For?
Mediation can be used in any situation where the parties
themselves cannot resolve a dispute. Mediation can either be ordered by
the court or arranged voluntarily by the disputing parties. In some cases,
mediation is the last option before going to court where a judge will
make a decision for the parties based on limited information. Common cases
for mediation include: domestic matters (custody and visitation, property
settlement, and child support), victim-offender, family disagreements,
disputes within school settings or with school personnel, problems in
the workplace, or on a larger scale such as between corporations.