Mediation

Mediation is a form of alternative dispute resolution (ADR). This is an opportunity to resolve conflicts and disputes without the cost and delay associated with litigation.

 

Many types of cases can be mediated: small claims, child custody, landlord-tenant, accidents, and contracts to name a few.

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Mediation is based upon four important principles:

1. Voluntary

2. Self-Determination

3. Confidential

4. Impartial

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Mediation is a voluntary process. The parties participating in a mediation are not required to reach a resolution. A mediator's role is to encourage communication between the parties but only the participants can settle a case.

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The participants in a mediation control the outcome and thus self-determination controls the outcome. Unlike litigation, where a judge makes a final determination, the parties participating in a mediation make all the critical decisions. Only the particpants decide if a case can be settled and what specific terms should be included in a settlement agreement.

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It is a confidential process. Discussions occurring during a mediation session and all information exchanged cannot leave the mediation room. Thus, neither the mediator nor the participants can be called to testify in a subsequent court proceeding about any discussion from the mediation session. This prohibition does not apply to evidence that would have been admissible in court regardless of the mediation session.

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A mediator is neutral and impartial and does not render legal advice to the parties. The mediator's role is to foster a harmonious environment so that the parties feel comfortable discussing the nature of the dispute with the goal of reaching agreement. The mediator may assist the parties in exploring solutions but only the parties can resolve a case. 

 

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