Despite the many definitions of mediation, in general terms it refers to a dispute resolution process whereby a neutral third party assists disputants to come up with mutually acceptable solutions. In many cases, mediation is more flexible than court proceedings and arbitration. The mediator is often more of an adviser than a decision-maker. In addition, mediation is more informal than a court proceeding and the participants control much of the process including when, where and how it is conducted.
The mediator helps parties to communicate with each other, reframe and identify solutions, listen to the perspectives of the other side and explore options to settle the conflict. Mediation also addresses emotions in disputes, acknowledging that conflict can have an emotional impact.
A mediation can be conducted by a trained impartial person (mediator) or a team of people (co-mediators). The parties in the dispute usually agree to participate, and all directly affected individuals must attend. Unlike a court trial, everything said at a mediation is confidential and does not appear in public records or in the courts.
A mediation can be initiated before a lawsuit is filed, thus shortening the timeframe for resolving the dispute and mitigating potential disruptions to business operations. In addition, a mediation provides an opportunity to resolve the dispute without sacrificing business relationships and allows the parties to create more value in their agreement than they would get in a trial. While there are several benefits of mediation, it is important to be represented by an experienced attorney during the process. what is mediation