What is Mediation? Mediation is an entirely voluntary and confidential process where the neutral mediator assists parties to craft acceptable and workable solutions for disputes. In mediation, parties can candidly present their interests with the professionally trained mediator facilitating discussions working toward agreements and settlement.
Does Mediation differ from Arbitration? Yes. An arbitration is essentially a private trial where the arbitrator acts as a judge with the parties presenting evidence and the process resulting in an arbitration decision ruling on the issues. The mediation process is voluntary where the neutral mediator works with the parties and their counsel, facilitates discussions and assists the parties to develop their own settlements of disputes.
How long does Mediation last? Most mediations are scheduled for, and last, one day. Even in those instances where multiple mediation sessions prove necessary, mediation remains a cost-effective and efficient process versus litigation and trial.
When can parties Mediate? Parties with disputes can mediate any time, whether or not a formal lawsuit has been filed.
What is required for Mediation? All parties participating in mediation must negotiate in good faith during the entire process. Participants must have full settlement authority and the ability to agree to settlement terms. Finally, a properly trained mediator is essential.