Mediation

Mediation is a private process where a neutral mediator assists the parties in negotiating a mutually agreeable resolution of their dispute. The parties have the opportunity to describe the issues, discuss their interests and provide each other with information and explore ideas for resolution of the dispute. While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties, but assists the parties to find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves. There are a number of different ways that a mediation can proceed. Most mediations start with the parties together in a joint session. The mediator will describe how the process works, will explain the mediator’s role and will help establish ground rules and an agenda for the session. Generally, parties then make opening statements. Most mediations then move to separate sessions, with the mediator shuttling back and forth between the parties. If the parties reach an agreement, the agreement will be reduced to writing and signed by all parties. Once this is done, the agreement is final and can be enforced by a court.