What is Mediation?
Mediation is a voluntary and confidential process.
A neutral third party, the mediator, facilitates communication and negotiation.
Parties maintain control over the outcome.
Mediation focuses on finding mutually acceptable solutions.
Provides a safe and constructive environment for parties to express their concerns.
Promotes open dialogue, active listening, and empathy.
Cost-effective alternative to litigation.
Preserves relationships and allows for flexible and customized solutions.
Frequently Asked Questions (FAQs)
What is Mediation?
Mediation is a form of Alternative Dispute Resolution (ADR) that involves a neutral third party, known as a mediator, facilitating discussions between parties in a dispute to help them reach a mutually agreeable resolution. When mediation is used, parties have more ownership over process and outcomes. Mediation is cost-effective and an efficient way to address issues.
Who is Mediation for?
Mediation is for individuals, organizations, or parties involved in a dispute who seek a collaborative and voluntary process to resolve their issues. It can be used in various contexts, including business, family, community, and legal disputes.
What issues can Mediation address?
Mediation can address a wide range of disputes, including but not limited to family conflicts, workplace disagreements, contract disputes, neighborhood disputes, divorce and custody matters, personal injury claims, and business disputes.
When may Mediation be used?
Mediation can be used at any stage of a dispute, from early conflict resolution to post-litigation settlement discussions. It can be initiated voluntarily by the parties or recommended by a court or other dispute resolution authority.
Why use Mediation?
Mediation is chosen for several reasons, including its effectiveness in reaching mutually acceptable solutions, its ability to preserve relationships, its cost-effectiveness compared to litigation, its flexibility and responsiveness to the needs of parties involved, and its emphasis on party autonomy and control over the outcome in an open, confidential and respectful manner.
Is Mediation confidential?
Mediation discussions are confidential. Parties agree to keep the details of the mediation process and any information disclosed during mediation private. However, there may be exceptions based on legal requirements or the terms of the mediation agreement.
How does Mediation get initiated?
Mediation can be initiated by the parties themselves or through a referral from a court, attorney, or other professionals. Parties may choose a mediator jointly or rely on a mediator appointed or recommended by a mediation service provider.
What is the Mediation process?
The mediation process typically involves an initial meeting, statement of issues, exploration of interests, generation of options, negotiation, agreement drafting, and closure. The mediator guides the parties through these steps to facilitate a resolution.