What is Mediation?

Mediation is a well established process that involves a professional neutral (the mediator) whose function is to assist the parties in reaching a mutually beneficial resolution based on their interests.

• Collaborative problem solving between those in dispute, reaching a 'win/win' situation which is acceptable to all
• A focus on the future, with emphasis on rebuilding relationships rather than apportioning blame for what has happened in the past
• A belief that acknowledging feelings as well as facts allows participants to let go of their anger and upset and move forward

The mediator has no authority to impose a decision on the parties, rather, the mediator focuses on helping the parties reach durable and creative agreements that get parties back to business.

The parties can design mediation process guidelines that reflect their business culture, as long as nothing is contrary to state or federal law.

• Mediation gives those involved an opportunity to step back and think about how they could put the situation right. This can mean looking at their own behavior as well as that of other people.
• Mediation enables participants to come up with their own practical solution which will benefit all sides.
• Mediation allows people to rebuild relationships as they work together to find an agreement. This is different to the legal process, where hostility often still exists between parties once the case is over.

The strict confidentiality agreement that protects the candor of mediation and any creative settlement that the parties make is an attractive feature for everyone.

Cost of mediation is significantly lower than litigation.  Additionally, mediation is generally quicker than going to court, and the process is flexible enough to settle disputes of all situations.

Most important, the level of anxiety in preparing for litigation is removed.