Mediation
Mediation is a process in which the parties in dispute meet together with a mutually-agreed, neutral mediator who helps them to discuss and understand each other’s differences, explore options and work towards a resolution that is acceptable to them.
Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is “fair” or “right,” does not assess blame nor render an opinion on the merits or chances of success if the case were litigated.
Rather, the mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will.
Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement.
Benefits of mediation
Mediation is arguably one of the best conflict resolution processes, being more positive and less expensive than litigation. Benefits of mediation include:
Cost and time: although some mediators may charge an hourly fee similar to that of lawyers, the mediation process itself generally takes much less time than standard legal and court processes, so overall costs are usually significantly lower.
Confidentiality: court hearings are public but mediation is strictly confidential. No one but the parties to the dispute and the mediator know what happened. Confidentiality in mediation is considered so important that, with a few specific exceptions, the legal system cannot force a mediator to testify in court about the content or progress of a mediation .
Control and empowerment: in mediation, meditator’s role is to facilitate a resolution that the parties themselves devise and agree to. This increases the control the parties have over the outcome and is more likely to produce a mutually agreeable and workable result.
Compliance: resolution reached in mediation is by mutual agreement, there is usually a high level of compliance with mediated agreements, which further reduces costs and time. The mediated agreement is, however, fully enforceable in a court of law.
Mutuality: in most cases, the very fact the parties are willing to mediate means they are more open to understanding the other party’s side and working on underlying issues. This less adversarial approach often has the added benefit of preserving or even restoring the relationship of the parties.