Mediation is a process whereby people in dispute discuss their issues with the help of another person called a mediator. They try to find solutions that are mutually acceptable to both parties.
Mediation is less formal than a trial or court case and is also non-binding and confidential. It is often used to resolve conflicts between family members or friends, but can also be used in business and commercial settings.
Mediation is an Alternative Dispute Resolution
Mediation is a process that includes a neutral third party who facilitates communication and negotiation. The mediator uses a variety of techniques to encourage open and respectful communication between disputants. Mediation is voluntary and confidential. A written agreement is often the result of mediation. Mediation can be formal, where the parties hire a professional mediator to help them resolve their dispute or informal, where disputants themselves find a neutral third party and meet to discuss their issues.
During mediation, the mediator will generally allot time for each disputant to tell their side of the story. The mediator will then work with the disputants to discover their shared interests and develop resolutions that promote mutual gain.
Mediation has also been combined with arbitration, particularly binding arbitration, to create a process called “mediation/arbitration.” This is a useful option for cases where the law or governing rules would not be in question, such as civil disputes over contracts or property ownership.
It is Non-Binding
In mediation, the mediator helps the disputing parties to discuss their differences and explore mutually acceptable resolutions. Unlike arbitration, which involves the submission of evidence and argument in order for an arbitrator to make a decision, mediation is non-binding, which means that the disputing parties do not have to agree to the resolutions outlined by the mediator.
Mediation is often used to settle divorces, personal injury matters and small business disputes. In many cases, a successful mediation settlement can eliminate the need for a trial and can also save the parties from expensive court costs.
However, even if a mediation settlement is reached, it must still be put into writing. The agreement can then be enforced in a court of law if a party breaches the contract. In general, breach of a mediated agreement is a criminal offence and may result in jail time or heavy fines. Often, the written contract will specify how the costs of the mediation are to be divided between the disputing parties.
It is Confidential
All participants in mediation are guaranteed confidentiality. This means that what is discussed during mediation sessions is not disclosed to anyone outside of the mediation, and the participants can discuss their positions without fear that the information will be used in court proceedings. This allows the parties to be open and honest in their discussions with the mediator, resulting in more creative solutions.
Confidentiality also allows the mediator to address the dynamics of a case and the personalities involved in a dispute, which is often useful in resolving disputes. Lastly, it allows the participants to feel more at ease and comfortable as they participate in the mediation process.
Mediation confidentiality is protected by law through several sections of the California and Federal Evidence Codes, as well as ethical guidelines for mediation professionals. However, it is important to note that, unlike attorney-client privilege, mediation privilege does not protect statements made during caucus meetings with the mediator, and it cannot be cloaked on otherwise admissible evidence simply because it was exchanged at mediation.
It is Time-Saving
If a couple is able to resolve their disputes without the help of attorneys, it will save them time and money. The process of mediation is less invasive than litigation and arbitration, which means the parties can come to an agreement quickly.
During the mediation session, both sides are encouraged to share their concerns with the mediator and to brainstorm possible solutions. This can be difficult for couples whose communication system has broken down, but a skilled mediator is able to create a civil conversation.
Mediation sessions may start with all parties in one room, or the mediator can meet individually with each party before meeting with both in a group called a caucus. The goal of the mediation is to reach an agreement that will satisfy both parties. If an agreement is not reached, the case will go to court. However, if both parties agree to continue mediating, the case may be resolved in a shorter amount of time than would otherwise be possible with litigation.what is mediation
