What is Mediation in Law and Disputes?
Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court.
Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations and employment. Attendance at the mediation conference is voluntary by the parties, except where governed by statute or contract clause.
The mediator is a person with patience, persistence and common sense. She/he has an arsenal of negotiation techniques, human dynamics skills and powers of effective listening, articulation and restatement. The mediator is a facilitator who has no power to render a resolution to the conflict. The parties will fashion the solution as the mediator moves through the process. In many jurisdictions the mediator is an attorney but can not give legal advise while in the role of a mediator. However, the mediator’s subject area expertise may be beneficial to the parties in wording and framing the mediated agreement or in circumstances where the parties are open to neutral case evaluation.
The content above is part of an article which was was edited and reviewed by FindLaw Attorney Writers.
Is there a simpler process available?
For simple, stress-free negotiations, consider using the Condico online platform. The app and website are completely free for settlements under $1,000 in value, and very affordable thereafter. Learn more here.
