How does Mediation Work?

Mediation is a method of resolving conflict that uses a neutral facilitator. The mediator directs a confidential process that involves careful exploration of all concerns and works toward a mutual and amicable resolution. Mediation is a practical method that allows for time to explore these options and to give all parties a voice in determining an outcome.

Mediation offers a determined time and space that the crowded court dockets are not able to offer clients and their attorneys. This practical method can save time and money. In many cases of litigation, the parties are required by the court to try mediation before appearing before a judge.

The role of the mediator is to be impartial, to explore options, and to facilitate communication between the parties.

Objectives

The objective of mediation is clearly stated to provide parties in dispute an avenue to participate in good faith dialogue to present their points of view and to explore options for settlement. The goal is to acknowledge the dispute and come to a mutual resolution.

The Role of the Mediator

The mediator serves as an impartial third party. Mediators are trained to listen to the parties and to clarify their issues, setting the stage for communication between the parties to achieve a flexible dialogue in a private setting.

What Types of Cases Are Appropriate for Mediation?

Mediation is appropriate for conflicts within families, between families, neighbors, landlords and tenants, merchants and consumers, employers and employees. In the area of Family Law, mediation can be used to resolve legal cases regarding divorce, custody, and modifications. For cases involving Personal Injury, mediation can be a practical alternative to a lengthy and costly process of litigation. In the area of Real Estate Law, mediation can help resolve boundary disputes, eminent domain cases (also referred to as condemnation cases), and cases involving eviction.