Litigation 101 - What is Mediation?
Posted January 03, 2008 in Articles | Back to News Archive
What is Mediation?
In
At mediation, a neutral third party (mediator) assists the opposing parties to reach a voluntary, negotiated resolution of a dispute. Mediators in
Mediation provides the parties an opportunity to discuss the issues, to discover and clear up any misunderstandings, determine the underlying interests or concerns, find areas of agreement and ultimately, to incorporate those areas of agreement into resolutions of settlement. It is usually conducted at the offices of the mediator, or one of the parties' attorneys.
The mediator opens the session by explaining the process before offering each party a brief opportunity to summarize their case, after which the parties will be sequestered in their own conference room for the balance of the day. The mediator will then spend time with each party, discussing their case and exploring settlement opportunities. This process will continue until a settlement is reached, or until the mediator is convinced that no settlement is possible.
A mediator does not impose a decision on the parties, but instead helps the parties agree on a mutually acceptable resolution. The mediation process is strictly confidential, and information disclosed during the mediation will not be revealed to anyone, and cannot be used at trial.
So, what are some of the benefits of mediation?
1. Fair and Neutral
Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.
2. Easier on the Nerves
Because mediation is less formal or adversarial, mediation is far less stressful than trial.
3. Saves Time and Money:
Because mediation is less complicated than the litigation process, mediation is quicker and with far less associated costs.
4. Confidential:
All parties agree to a confidentiality agreement so information disclosed during mediation will not be revealed to anyone.
5. Avoids Costly Litigation:
Lengthy litigation CAN be avoided and avoids the uncertainty of judicial outcome.
6. Fosters Cooperation:
Mediation fosters a collaborative, problem-solving approach to disputes and avoids the polarizing effects of litigation.
7. Improves Communication:
Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Mediators are trained in communicative techniques and skills, and enhanced communication leads to mutually satisfactory resolutions.
8. Discover the Real Issues in a Dispute:
Because the parties share information, this can lead to a better understanding of the ALL issues.
9. Design your own Solution:
A mediator is a neutral third party that is fully trained and skilled in various techniques for assisting the parties in reaching a voluntary, mutually beneficial resolution.
10. Everyone Wins:
Independent surveys show that up to 96% of all those who have used mediation would use it again.
Whether parties to a lawsuit are required to participate in mediation, as in North Carolina, or whether participation is voluntary, it is highly suggested that mediation is engaged by parties to any and all lawsuits. The Bray Law Firm represents individuals and companies in all types of business and commercial litigation. For more information, visit the firm's website at www.braylaw.com, or contact the firm by phone (704-523-7777) or email (info@braylaw.com).
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