Mediation is a process in which a neutral person - the mediator – helps parties reach a settlement of their disputes by opening lines of communication, objectively evaluating their cases, identifying their real needs and finding a solution which addresses those needs.
The Mediator does not have the authority to make binding decisions.
Mediation is a flexible dispute resolution system that can be used to resolve virtually any type of dispute. It allows the parties to work together and control the decision-making process. Because mediation is non-adversarial, it also allows parties to achieve a ‘win-win’ situation, as opposed to the winner and loser scenarios associated with litigation and arbitration. Another advantage of mediation is that it is a private and confidential process; the discussions that occur and agreements that result from mediation are not part of a public record, as they are in litigation.
Although statistics show that mediation is highly successful, the parties are free to pursue any other available system of dispute resolution in the event the mediation does not resolve the dispute. Even if the dispute is not resolved, the mediation can still prove valuable. By narrowing areas of dispute and allowing the parties to express their grievances, future proceedings will be more efficient and focused.
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