What is mediation?

The mediation process is one of collaboration. Each side to a dispute necessarily has to come together to successfully resolve a case.

Mediation is a confidential, (and in most cases) voluntary process in which a neutral third party, the mediator, helps the parties work toward resolving their dispute without the need for a trial.

Who attends mediation?

At mediation, you can often expect that the following parties will be present:

1) each of the parties of a lawsuit or a dispute (although there are circumstances in which you may elect to mediate without all of the parties);

2) each party’s attorney;

3) a representative from an insurance company, and

4) the mediator.

When is mediation appropriate?

There’s no “wrong” time to mediate a disagreement. In many cases, the most effective time to mediate is after the parties have had an opportunity to understand the key facts, evaluate the evidence, and assess the strengths and weaknesses of their respective positions, but before the significant costs and risks of trial have accumulated.

With that said, mediating cases early-on can help parties avoid unnecessary litigation expenses and focus on resolution before positions become entrenched due to financial constraints.

Ultimately, the right time to mediate depends on the circumstances of each case.

What happens in mediation?

During the mediation itself, the mediator listens to each party’s position, helps identify the key issues and areas of disagreement, and facilitates negotiations and discussions between the parties. The mediator does not act as a judge and does not decide who is right or wrong. Instead, the mediator works with the parties and their attorneys to evaluate the risks and benefits of settlement and explore potential solutions.

If the parties reach an agreement, the terms are generally reduced to a written settlement agreement that is signed by the parties. If an agreement cannot be reached, the parties retain their right to continue pursuing their claims through litigation.

Mediation provides parties with an opportunity to resolve disputes on their own terms, often avoiding the uncertainty, expense, delay, and stress associated with continued litigation and trial.