A mediation is a form of alternative dispute resolution and is a popular alternative to a traditional lawsuit. During a mediation, both the plaintiff and defendant meet to discuss their dispute in front of a neutral third-party, the mediator. The mediator's job is to encourage meaningful conversation between the two parties, and to help bring the two sides to a voluntary resolution in order to avoid trial.
Mediations are becoming increasingly popular because they allow for cases to be settled quickly, the terms of the settlements can be outlined in detail in the settlement agreement, they are typically much cheaper than traditional lawsuits, and they are much less stressful than a traditional lawsuit. You may wish to have your attorney present at a mediation, or agree with the opposing side that attorneys should be excluded. During a mediation the mediator may want to speak with one side individually and this is known as a caucus.
All discussions made during a mediation are confidential. If a settlement is reached, the parties can decide whether they dismiss the case either "with prejudice," or "without prejudice." If the parties select with prejudice, this means they will be prevented from ever filing a lawsuit on the case in another forum like a court. If they decide to dismiss the case without prejudice, it means the same exact case can be filed in a court of law despite coming to a resolution during the mediation.
If you have any questions, feel free to call an experienced mediation attorney or speak with a local mediator.
