| Mediation, often used in respects to the law, is defined | | | | and discussed thoroughly, therefore they are often |
| as an activity in which a neutral third party, the | | | | more creative and fair. Another benefit to having both |
| mediator, guides and regulates structured discussion to | | | | parties agree to a resolution is that typically neither |
| facilitate reaching consensus on a disputed issue. Two | | | | party must force compliance upon the other. Because |
| parties, who have a difference of opinion and are in | | | | both parties have agreed upon the solution rather than |
| need of resolution, will often be asked to use a | | | | a judge, the chances that the parties will comply are |
| mediator to solve their problem. The neutral | | | | much higher. |
| third-party's intention is to then help the other parties | | | | • Coming to a resolution is often higher during |
| resolve a dispute and come to an agreement. When | | | | mediation as both parties are agreeing to a mutual |
| one agrees to a mediator, it does not mean they are | | | | endeavor. Parties in mediation usually seek it out |
| obligated to accept any proposed agreements. | | | | because they want to resolve a dispute. With both |
| Why is mediation used for dispute resolution over | | | | parties ready to move forward along with a willingness |
| other channels? There are many reasons, they include: | | | | to understand each other's underlying issues to the |
| • It is often a less expensive route to follow. A | | | | dispute, gives the added benefit of preserving the |
| mediator may charge a fee but the mediation process | | | | relationship the parties had before the dispute. |
| typically takes less time than moving a case through | | | | • A good mediator helps both parties think |
| standard legal channels. A case in the hands of a | | | | outside of the box and reduce high emotions. |
| lawyer and the court system could take months or | | | | Mediators are trained in conflict resolution and in |
| even years to resolve while a case in mediation can | | | | working with difficult situations. The mediator will not |
| typically achieve resolution in a matter of hours. | | | | give legal advice but guide both parties through the |
| • The process of mediation is a confidential | | | | process of solving a problem. A mediator may or may |
| process. Whatever happens in mediation remains | | | | not suggest alterative solutions to the dispute but help |
| strictly confidential, as opposed to a court hearing, | | | | both parties come up with solutions on their own that |
| which happens in public. During mediation, only the | | | | suits each best. |
| parties in dispute plus the mediator know what was | | | | Mediation is used in many situations, especially when it |
| discussed. Confidentially is so strict in mediation that the | | | | comes to parties who want to preserve their |
| legal system cannot force a mediator to testify in | | | | relationship. This can include family conflict such as |
| court as to the content or progress of mediation. Most | | | | divorce, premarital agreements, alimony, child support, |
| mediators go as far as to destroy their notes once | | | | family business, estate disputes and end-of-life issues. |
| mediation is finished. The only exceptions to such | | | | Mediation can also be valuable for conflicts in the |
| confidentiality are in cases that involve child abuse or | | | | workplace such as wrongful termination, discrimination, |
| actual or threatened criminal acts. | | | | harassment, grievances and labor management. |
| • Mediation can offer multiple and flexible | | | | Landlord/tenant conflicts are often brought into |
| possibilities for resolving a dispute. In contrast, when a | | | | mediation as well as homeowners association |
| case is taken to court, the parties are often given a | | | | problems or contracts of any kind. |
| resolution by the judge or jury. In mediation, the parties | | | | While there are no guarantees a conflict will be |
| have control over the resolution. Solutions are often | | | | resolved, mediation is often the preferred choice of the |
| those, which the parties have agreed upon mutually | | | | legal system. |