What is Mediation?

Mediation is a form of dispute resolution where a mediator helps typically two parties come to an understanding and agreement to resolve the dispute.

The modalities of Dispute Resolution can be placed on a spectrum where, as one goes down the list, cost goes up and the ability of the participants to determine their own future decreases. For example, in a court proceeding, the judge attends to facts and permitted evidence and renders a decision that may or may not be in the participants best interest from their perspective.

Negotiation and Facilitation – where the participants interact without a third party or with a limited third party structure

Mediation – where a third party guides two participants (or more) to create an agreement between themselves

Arbitration – where a third party guides two participants (or more) and the third party evaluates the evidence and renders a decision

Attorney to Attorney – where negotiation occurs between the attorneys of the parties to derive a resolution, for highly technical matters

The Courts – where one party initiates suit in a court of law, and a judge adjudicates the resolution

Of interest, in a mediation:

• the participants are not bound by any discussions until the final agreement is signed, then that agreement is binding.

• all discussions are to remain confidential.

• the mediator will act within a code of ethics, either within a master code from a professional organization or by legal statutes.

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