What is Mediation

The definition of mediation is an "assisted negotiation." Mediation is a process in which an impartial third party (mediator), facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. Mediation serves various purposes, including providing the opportunity for parties to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements. During the mediation session the parties (and their attorneys if they have one), will meet with a trained and specialized mediator, who will assist the parties in transforming the dispute from a contentious problem where the future outcome is unknown and keeps them up at night, to a resolved agreement on their own terms where the uncertainty is taken away and each of the parties knows what their tomorrow will look like. Successful mediation of a dispute is far superior to fighting it out in Court where after spending thousands of dollars and years of uncertainty a judge or jury will eventually render a decision that the parties have to live with. 

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What is a Mediator?

The mediator is a neutral third-party who is brought in to help the parties discuss, navigate, and resolve the conflict.

The mediator is not a judge but should have extensive training, legal knowledge and experience. The mediator's purpose is to facilitate difficult discussions and the exchange of information between the parties to help them reach an acceptable agreement and resolving the conflict.

The mediator will not provide specific legal advice to either of the parties but should impart relevant experience and knowledge regarding the situation. Most importantly, the mediator does not and cannot favor a particular result in the mediation, and should remain neutral to the parties and the dispute at all times.

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Basic Mediation Process

During the mediation session the mediator will engage in difficult discussions with the parties, providing a safe and judgment free environment to discuss the unresolved issues and exchange information and points of view with one another.

The mediator will ask questions about the facts of the dispute and review evidence and testimony provided by each of the parties.

The mediator will help the parties exchange information with one another that may help add a new perspective to the situation. The mediator will discuss the strengths and weaknesses of each parties' position, and once a verbal agreement is reached by the parties, the mediator will assist in drafting the agreement, effectively resolving the dispute.  If a litigation case is pending, the mediation agreement or Memorandum of Understanding can be filed in the case and made an Order of the Court.