What is Mediation?

Mediation is an informal process in which a trained neutral third person, called a mediator, meets with the parties and helps them work through their conflicts.

The Mediator listens carefully and facilitates the discussion.

The mediator:

• Does not judge

• Does not decide who wins or loses

Each party is given a full opportunity to be heard and to share his/her perspective on the situation. Out of this discussion, possible settlement options are generated and possibly agreed upon. If an agreement is made, it will be written up and signed by all parties, including the mediator.

Mediation is:

• Confidential-What is said in mediation is for settlement purposes only. It may not be used in court.

• Fair-Everyone gets to speak and express an opinion.

• Cost Efficient-Much more reasonable than litigation.

• Time Efficient-Most mediations are finished in one sitting.

• Agreeable Settlement option-Written only when all parties agree

Role of attorneys in mediation:

Attorneys are not requried. In cases where an attorney is included, the attorney can play a vital role by assisting their client in understanding the law and generating viable options for settlement. Attorneys often give advice, but leave the ultimate decision to his/her client.