What is Mediation? 

The Process of Mediation and How Mediation Works

When it comes to settling a dispute, many people believe they are limited in their options. In fact, some of them aren't aware that disputes can be handled without going before a judge. Mediation brings about an advantageous alternative to going in front of a judge, and many times, mediations are both more cost efficient and effective than going to court. Additionally, mediations provide a favorable method for ensuring both parties are satisfied with the outcome. Here's a closer look at mediations and seven factors you need to know. 

What is Mediation? How does mediation and ADR work in the law?

What is Mediation? How does mediation and ADR work in the law?

1) What is mediation?

Definition of mediation: When a mediation takes place, a neutral third party is appointed (or chosen) to work with the disputing parties. The purpose of the third party coming into the situation is to help resolve the disputes. It should be remembered that the mediator does not make any decisions. Instead, he/she facilitates the communication process in which the bargaining process between the disputing parties is carried out. 

2) Full Disclosure is Necessary

Just the same as a person would tell his lawyer all the details relating to a case, so must a person share all pertinent details related to the dispute going through a mediation. Without full disclosure, it becomes nearly impossible for the dispute to be resolved. The courts will look at the matter and be able to tell whether full disclosure has been made, which is paramount in the mediation being legally binding. 

3) It's not about Winning

Just because a party doesn't get everything they want out of a case doesn't mean the case was lost. Mediations should not be thought of as a way to win a case. Instead, they provide a way for all parties involved to walk away from the case knowing they were treated fairly. Mediations are a team effort, and when a dispute has been settled, all parties tend to win in one way or another.  

4) Mediators are quite abundant

The first thing many people do when a dispute has been brought against them is to contact their attorneys. And while attorneys can definitely be of help during the mediation process, they can also cause the case to be drug out for many years, costing thousands of dollars in the long run. Mediators must go through special training and pass an exam before being allowed to practice their services. There are many mediator businesses to turn to, both firms and individual practices. 

5) Confidentiality is a must

One of the most appealing aspects of mediation is that everything must be kept confidential, which is unlike public court dispute cases. Because of this, there's no need to fret about family and financial matters making their way to the public. The dispute, whatever it may be, can be settled behind closed doors, without no one ever knowing it took place beside the parties involved. 

6) How does mediation work?

A normal dispute that gets drug through the courts will be resolved by a judge. Both parties can present their sides, but the judge is the person who makes the ultimate decision. Because of this, both parties often walk away from the dispute completely unsatisfied. With mediation, though, the entire goal is to let the involved parties agree to a solution. Before a mediator handles a dispute, it is paramount that all parties state they are willing to work together to create a solution to the dispute. Without a willingness to work together, a mediator should instruct the parties to have their case heard in the court by a judge. 

7) Mediators work in many types of environments

Another aspect to remember about mediations is that they can be hosted anywhere. From meeting up for a mediation at a high-price restaurant to going to the mediators office to settle the dispute, there are many mediation platforms to take advantage of. Mediators often find themselves traveling to each client's house as well as back and forth between parties who prefer not to be around one another. 


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