What Is Mediation?
Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by advising and listending to all sides, and whom helps the parties arrive at a mutually agreeable ("winwin") settlement. A mediated settlement is nonbinding. This means that if any party in the dispute is unhappy with outcome, that party may opt not to sign a settlement agreement and instead continue negotiating or proceed to arbitration or litigation.
Mediation is one of the most informal dispute resolution procedures. The process is completely flexible and negotiable by the parties, and any party may walk out at any time. This does not mean, however, that mediation is a freeforall. The process is always governed by rules of procedure and conduct, which have been agreed upon in advance by all parties to the dispute.
Other Mediation FAQs
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How Do We Get To Mediation?
A: The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. … More -
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How Much Time Is Required To Schedule A Mediation?
A: Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define … More -
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Who Starts First In Mediation?
A: There is no set format for the actual mediation process. However, as a general rule, all mediations involve a series of joint and separate meetings. The first step is … More -
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Who Keeps Things Under Control?
A: After the initial airing of rules and views, the mediation enters a problemsolving phase. During this phase, often called the "Caucus Phase," the … More -
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What Happens When An Agreement Is Made In Mediation?
A: Once the case is settled in a way that is agreeable to all sides, the mediator and/or parties will draft a document outlining the terms of the agreement and … More -
Q:
Is Mediation Voluntary?
A: Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is … More -
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Do I Need An Attorney For Mediation? Who Else Should Attend?
A: Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written … More
Alternative Dispute Resolution Sub-categories
| Arbitration |
