What is Mediation?
Mediation is an informal setting in which a neutral third party (the mediator or the neutral) evaluates the claims of two (or more) parties to help those parties reach a resolution to their dispute. It is a type of alternative dispute resolution (an alternative, in effect, to trial) whose key benefit is that the parties themselves– not a third party such as a judge or jury – voluntarily and jointly determine the terms and conditions of any agreement reached.
Unlike a judge or jury panel, the mediator is impartial and is not an advocate for any party or side. When necessary or requested, the mediator can point out the strengths and weaknesses of each side without judgment. This evaluative process increases the likelihood of reaching a practical and, if necessary, long lasting resolution. By contrast, a judge or a jury will make their own determination regarding the parties and their case, and make a decision without the assistance of either party.
Mediation can be used to resolve legal, commercial, workplace, community and family matters. Some common examples include:
- Landlord-tenant disputes, where the terms of the lease may be in dispute, or the parties are unable to negotiate new lease terms;
- Neighbor disputes, where adjacent neighbors are arguing over a noise or boundary issue;
- Business to business disputes ranging from money owed on goods or services purchased, interpretation of agreements on distribution or selection of product, disagreements regarding product delivered or received, and the like;
- Family disputes ranging from estate issues to living arrangements.
Parties can mediate a dispute either before it reaches the court system, or as a means of settling an existing lawsuit. The process can be as simple as one session of a few hours, or multiple days involving multiple parties.