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WHAT IS MEDIATION? Mediation is a process where two or more parties come together to resolve a dispute with the help of an impartial third party the mediator. The mediator does not make the decisions the parties do! Thus, YOU control YOUR
outcome, not a judge! The mediator is responsible for structuring the discussion so that all issues are addressed in a fair and constructive manner. Think of a mediator as a master negotiator whose sole job is to recognize and utilize different
communication and negotiation tools to assist parties in reaching a mutually acceptable agreement. A mediator may meet with the parties together, which is called a joint session, or separately, which is called a private session. WHAT ARE THE
ADVANTAGES AND DISADVANTAGES OF MEDIATION? Mediation provides the parties with control over the outcome of their dispute. It also can allow for the resolution of your matter to remain private. Finally, mediation is very cost effective. Please see
the following paragraph entitled, “Is Mediation Cost Effective.” Mediation, however, is not appropriate for everyone. For those who are not able to negotiate on their own behalf and are confused by the subject matter, mediation may not be the
appropriate process to resolve the dispute.
IS MEDIATION BINDING? Mediation can be binding when the final settlement agreement is reduced to writing and signed by the parties. Parties can also choose a non binding form of mediation by indicating the expectation of non binding mediation
in the final settlement agreement.
IS MEDIATION COST EFFECTIVE? Yes! Generally, parties can reduce their overall costs by two thirds! And, studies show that mediated agreements are followed approximately 85% of the time versus only 55% of the time for judge rendered decisions.
Therefore, parties who choose to mediate not only save a lot of money, they ensure the highest level of satisfaction, and therefore follow through, with the agreement!
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