Mediation is a voluntary, confidential process where a neutral third party, called a mediator, helps people in a dispute communicate and negotiate to reach a mutually agreeable solution. The mediator doesn't take sides or make a decision; instead, they guide the discussion to help the parties find their own resolution. It is an alternative to court and often leads to faster, less expensive, and more durable agreements. Mediation is a form of assisted negotiation where the mediator helps parties identify issues, understand each other's perspectives, and explore creative solutions.
The Process of Mediation
The mediation process is flexible and adjusted to each specific dispute. It generally includes the following steps:
Schedule and participate in a confidential interview with a potential mediator;
Signing a mediation agreement, including ground rules (such as confidentiality);
Setting the agenda for mediation meetings by listing issues and topics;
Discussing and evaluating the parties’ interests and needs;
Identifying suitable solutions including specific actions;
Drafting and signing a final agreement; and
Implementing the agreed upon actions.
Mediation is a voluntary, confidential, and structured negotiation process where a neutral third party (mediator) helps disputing parties reach a mutually acceptable agreement. The process generally involves an opening statement, joint discussion, private caucuses (separate meetings), negotiation, and formalizing a settlement. Mediators do not make decisions or provide legal advice; instead, they facilitate communication to find a solution better than continued litigation.
Key Stages of the Mediation Process
1. Preparation and Initiation: The mediator meets with parties to outline the process, set ground rules, and gather initial information about the dispute.
2. Opening Statement: The mediator introduces themselves, explains the process, and sets a positive tone. Each party then shares their perspective on the case.
3. Joint Discussion/Exploration: The mediator facilitates a dialogue to identify key issues, interests, and underlying needs of all parties.
4. Private Caucuses: The mediator may meet with each party privately (separated) to discuss sensitive issues and explore potential solutions confidentially.
5. Negotiation and Problem-Solving: Parties brainstorm and evaluate options, using the mediator's guidance to find common ground.
6. Conclusion and Agreement: If a resolution is reached, the terms are documented in a written, signed agreement. If no agreement is reached, the parties can still pursue litigation.
Characteristics of Mediation
Voluntary: Participants can leave at any time and cannot be forced into an agreement.
Confidential: Discussions generally cannot be used in court, allowing for open dialogue.
Neutrality: The mediator does not take sides or impose a decision.
Informal: Less rigid and time-consuming than court, often reducing costs.
"Art quickly grasps the subtlety of complex situations, and devises resolutions. Art’s energy is overwhelming. He has the ability to work … sixty or seventy hours per week. The more he works, the happier he seems to be. This trait, whether it's healthy, is one which successful people – attorneys - seem to be inflicted with.” - John Robert Wilson, Esquire Goff and Wilson, PA - NH
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