Alternative Dispute Resolution Law

What Is Mediation?

Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by advising and listening to all sides, and whom helps the parties arrive at a mutually agreeable (“win­win”) settlement. A mediated settlement is non­binding. This means that if any party in the dispute is unhappy with outcome, that party may opt not to sign a settlement agreement and instead continue negotiating ­ or proceed to arbitration or litigation. Mediation is one of the most informal dispute resolution procedures. The process is completely flexible and negotiable by the parties, and any party may walk out at any time. This does not mean, however, that mediation is a free­for­all. The process is always governed by rules of procedure and conduct, which have been agreed upon in advance by all parties to the dispute.