What is Mediation?
Mediation is the process by which a neutral third party intervenes between two conflicting parties to promote reconciliation, settlement, or compromise. Mediation is an effective tool for resolving almost all civil (non-criminal) disputes. Mediation provides disputing parties with the opportunity to identify and cope with divisive interpersonal issues not originally thought to be part of the dispute.
Types of Cases that can be Mediated
Typical mediation cases often involve: - Divorce settlements
- Child custody agreements
- Child support agreements
- Spousal Support/Alimony agreements
- Contractual disputes
- Landlord and tenant conflicts
- Employment disputes
Mediation vs. Arbitration
A mediator normally has no authority to render a binding decision. It is up to the parties themselves with the mediator's help to work informally toward a mutually satisfying agreement. In contrast, an arbitrator, acting as a judge, conducts a hearing between the parties and renders a legally binding decision. Arbitration, which has long been used to resolve commercial and labor disputes, resembles a court hearing with witnesses called and evidence taken. Mediation lacks many of the formalities that an arbitration or court setting requires.
Additional Mediation Facts - Mediation usually lasts a shorter time amount than a trial and can typically take anywhere from half a day to several weeks.
- Mediation is confidential and nothing said in mediation can be used in court if the process fails.
- Mediation is usually expeditious and cost-effective.
- Mediation is extremely useful in dealing with cases of a sensitive and personal nature, in which it is essential that trust and cooperation exist throughout the process.
Do I Need an Attorney to Participate in Mediation?
In most instances, mediations are conducted by lawyers experienced in the area of law you need help in. Lawyers in the mediation process also sometimes represent the individual parties, especially if the case involves substantial property or legal rights. It might also be wise to consult with a lawyer prior to engaging in mediation so you can understand the issues in your case. |
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