Mediation and How does Mediation work

Mediation is a collaborative and neutral third-party intervention that helps people resolve disagreements and problems in an effective, efficient, and affordable way. Mediation is different from arbitration or negotiation in that it does not involve the parties battling to convince a neutral third party to rule in their favor. Instead, mediation involves exploring the other party’s position with the aim of finding common ground and coming to an agreement that satisfies both parties. Mediation has several advantages over traditional dispute resolution methods such as arbitration or negotiation. In addition to being less expensive and time consuming than litigation, mediation has been shown to result in fewer negative personal consequences for those involved since there are no winners or losers. Once an agreement has been reached, mediators often sign confidential settlement agreements so that either party cannot disclose any details about the other or breach confidentiality at a later date. The following article examines in more detail why mediation is such a useful dispute resolution tool and how it works.

Table of Contents

What is Mediation?

Mediation is a form of dispute resolution in which a neutral third party facilitates discussions between two parties in order to help them reach an agreement and resolve a dispute. The mediator does not make decisions for the parties, does not impose solutions, and does not decide who is right or wrong. Rather, the mediator facilitates communication by helping the parties explore areas of common interest and find solutions that are acceptable to both sides. Mediation can occur as an informal conversation between the disputing parties, or it can be a structured process that follows a certain procedure. In addition to resolving disputes, mediation is often used to improve communication between parties, clarify issues, and explore possible solutions. The mediator acts as a facilitator, helping the parties explore their interests and options and assisting them with airing grievances, identifying issues and exploring possible solutions. Mediation is a voluntary process that promotes problem solving, communication, and collaboration between disputants, and fosters a constructive environment for creative problem solving.

How Does Mediation Work?

The mediator will help the parties in a dispute to explore their interests, options and ideas. The mediator will not make decisions for the parties, will not impose solutions and will not decide who is right or wrong. The mediator will assist the parties to explore areas of common interests and find solutions that are acceptable to both sides. Mediation is not about finding a winner and a loser, it is about finding a way for the disputing parties to reach an agreement that satisfies both of them.

Benefits of Mediation

Parties control the outcome of their dispute by exploring a wide range of alternatives and deciding on the best solution. There is no predetermined solution or ruling imposed by the mediator.
Mediation is less expensive than litigation.
Parties can reach an agreement quickly and have the flexibility to revisit the agreement if there are changes in the circumstances.

Parties can maintain control of their dispute and decide whether to keep the details of their dispute confidential.
Parties can reach a binding agreement that must be fulfilled by both parties.
Mediation is a voluntary process. If one party decides to walk away from the mediation process, the mediation will end.

Mediation is a collaborative process. The parties are encouraged to try to explore each other’s interests, ideas and options.
Mediation is flexible and dynamic. The mediator will assist the parties to adjust the mediation process if necessary.

Who Can Participate in Mediation?

There are no strict guidelines for who can participate in mediation. However, when selecting the mediator, one should consider the mediator’s experience and reputation. The parties should feel comfortable with the mediator and trust his or her ability to help them resolve their dispute. The following groups of people may be appropriate for mediation:

Businesses and individuals who have contractual disputes
Parties in employment/labor disputes
People who have family law issues (e.g., divorce, child custody, visitation)

People who have debt collection issues
People who have landlord/tenant issues
Neighbors who have disputes

People who have disputes in other areas (e.g., insurance, intellectual property rights)
Anyone who wants to explore alternative dispute resolution methods.

Advantages of Mediation

Parties control the outcome of their dispute by exploring a wide range of alternatives and deciding on the best solution. There is no predetermined solution or ruling imposed by the mediator.

Parties can reach an agreement quickly and have the flexibility to revisit the agreement if there are changes in the circumstances.
Parties can maintain control of their dispute and decide whether to keep the details of their dispute confidential.
Parties can reach a binding agreement that must be fulfilled by both parties.

Mediation is a voluntary process. If one party decides to walk away from the mediation process, the mediation will end.
Mediation is a collaborative process. The parties are encouraged to try to explore each other’s interests, ideas and options.
Mediation is flexible and dynamic. The mediator will assist the parties to adjust the mediation process if necessary.

Limitations of Mediation
Parties must be open to explore each other’s interests, options and ideas and be willing to reach an agreement.
The mediator will not impose a solution on the parties. The mediator will assist the parties to explore each other’s interests, options and ideas and reach an agreement that satisfies both parties.

The mediation process is voluntary. If one party decides to walk away from the mediation process, the mediation will end.
There are no strict guidelines for who can participate in mediation. However, the parties should feel comfortable with the mediator and trust his or her ability to help them resolve their dispute.
The mediation process may be too informal and flexible for some parties. Read mediation tips