Mediation is the process whereby a neutral third person, a mediator, acts to facilitate the resolution of a dispute between the parties. It is an informal, non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. If there is no resolution at the time of mediation, a jury or judge, subsequently decides the outcome of the dispute.
Mediation is time and cost effective. Parties control the outcome of the mediation. The participants can be creative in formulating a resolution and are part of the solution. Within the structured setting that a mediation provides, the parties can hear the merits of the other side and the weakness' of their own position.
1. The parties meet at a neutral location with their lawyers and a mediator.
2. The parties present their respective positions regarding the case.
3. The mediator separates the parties and will talk with each side alone. It is in these "caucus" sessions that the negotiations take place.
4. The parties will instruct the mediator to communicate their demands to the other side.
5. This process will continue, with the mediator exploring alternatives and conveying demands, until there is an offer and an acceptance satisfactory to all parties.
6. Once a resolution is reached, the mediator brings the parties back together and a settlement agreement is signed by all parties.