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Mediation
Mediation
Mediation is a voluntary negotiation to resolve legal disputes, facilitated by a neutral mediator. In mediation the parties have the opportunity to share information about their positions while trying to negotiate a mutually agreeable outcome to their disputes. The parties’ agreement is written up in a signed settlement agreement that may resolve the whole case, or even some of the issues in their case. The process is voluntary and confidential.
Mediation before arbitration can be very effective. Mediation allows both sides to get an early evaluation of their case, better understand their strengths and weaknesses, and have the potential to resolve the entire case, or even some of the issues, to limit the scope of the case that goes to a hearing.
Mediation Benefits
- allows ex parte communications with the mediator to help facilitate resolution
- is more relaxed than an arbitration or a court proceeding
- requires that, in advance of the mediation, the parties prepare confidential statements or engage in confidential discussions with the mediator to help her understand their strengths and weaknesses and bargaining positions
- can be conducted live, using ODR (online dispute resolution), or through a hybrid process
- is a confidential process that does not affect the parties’ ability to go to arbitration or court if they are unable to reach settlement
- allows the parties to better understand a fair value of their claims after hearing a summary of the other side’s position
