The Mediation Process

Mediation is a way to solve disagreements without going to court. It’s a popular form of alternative dispute resolution (ADR). Mediation gives litigating parties a chance to save money, avoid uncertainty, and resolve their differences. However, the mediation process isn’t always the best option. Before you agree to mediation, consider whether it’s the best way to decide your dispute.

This article provides an overview of mediation, including the benefits, downsides, and types of mediation. Your legal options for ADR programs may depend on where you live. For legal advice about mediation in your state, contact a local and experienced alternative dispute resolution lawyer.  

What Is Mediation?

In mediation, a neutral third party helps the people involved come to a resolution. Third-party mediators facilitate a discussion to work out a solution everyone can agree on. The mediator might offer a neutral evaluation of the case. But they don’t decide who is right or wrong. The mediator doesn’t issue a decision like a judge. Instead, they guide the discussion, foster conflict resolution, and focus on ways to solve the problem.

Mediation is often faster and less expensive than going to court. Unlike other ADR methods, the mediator doesn’t issue a binding decision.

Mediation lets the people in the dispute have more control over the solution. They create the agreement. This can make the final outcome more satisfying and work better for everyone involved.

Benefits of Mediation

Mediation has many benefits, including:

• Cost-effectiveness
• Time savings
• Control over the outcome
• Retaining the right to litigate
• Privacy

Litigation is expensive. Mediations cost less than litigating a dispute in court. This is important to many people who want to solve a dispute.

Many state and federal courts have backlogs and can’t hear cases quickly. But you can schedule mediation at the mediator’s and other parties’ convenience. Many people favor mediation over litigation in certain situations, such as family law or employment disputes.

If your case goes to court or binding arbitration, you are bound by the judge’s or arbitrator’s decision. However, you must sign and approve a mediation agreement for it to be enforceable. The agreement has no effect without your consent. If you don’t like the mediation’s outcome and don’t reach an agreement, you can still proceed to court.

Any settlement reached in mediation is confidential. In a trial or traditional court system, however, details are open and part of the public record. Mediation services are appealing for cases involving trade secrets, unsavory details, financial information, or other things you wish to keep private.

Cons of Mediation

The drawbacks of mediation include:

• Being a potential waste of time 
• Having a bad mediator
• Having no public record
• Not being appropriate for all disputes

Time and cost savings assume both disputing parties are willing to mediate the dispute. If one party doesn’t enter the mediation to reach a compromise, it will likely fail. While mediation is less expensive and less time-consuming than court cases, it still costs money and time. 

Mediators are trained professionals. But their abilities, styles, and biases differ. You may end up with a bad mediator or one who has a bias in favor of one party.

While privacy can be a benefit, in some situations, you may want the information to be public. For example, an employee treated unfairly might want that information to come out in court. Publicizing cases can help dissuade some parties from engaging in harmful conduct. 

Types of Mediation

There are several types of mediation, each fitting different situations and needs. Court-ordered mediation happens when a judge requires parties to try mediation before trial. It’s often used in civil cases like family disputes, small claims, or housing issues. The idea is to resolve the problem faster and save court resources. Mediation isn’t binding unless the mediation session is successful. 

Parties to a civil suit can also choose voluntary mediation. You might want to avoid the costs and time of a trial. Voluntary mediation is common in business conflicts, neighborhood disputes, and family matters. It offers a private and controlled environment for sensitive discussions.

Online mediation has become more popular with the rise of digital communication. It’s an option when parties are in different locations or prefer not to meet face-to-face. This happens through video conferences, chats, or other digital platforms.

Types of Mediators

Like any professional group, mediators have varying styles and approaches. These include:  

• Facilitative mediators: The mediator fosters a collaborative environment and encourages communication between the parties. This helps them understand each other and find a solution.
• Evaluative mediators: The mediator provides guidance on the legal strengths and weaknesses of each side’s case. This includes things of which the other side may or may not be aware. People involved in litigation can willfully overlook their own case’s weaknesses.
• Transformative mediators: Sometimes, parties have ongoing relationships. The mediator will focus on changing the relationship between the parties. This isn’t for only problem-solving one specific problem. 
• Narrative mediators: The mediator helps each side express their own narrative. Then, they assist them in developing a shared story that acknowledges each party’s perspective. 
• Subject matter mediators: The mediator will have specialized knowledge for complex disputes. This can include mediators with experience in environmental concerns, intercultural disputes, or mechanical expertise. 

Get Help With Mediation Today

Mediation is very useful for resolving many different types of issues. But before you agree to mediation, you must carefully weigh the pros and cons of this dispute resolution. A lawyer experienced with mediation can help you find ADR services and help you better understand the process.