Mediation is an Alternative to Court
In mediation each person is given the chance to express themselves and be heard. Mediation is a voluntary process and parties can mediate with or without counsel present. Parties are more likely to be satisfied with a resolution which they have created themselves.
Mediation can be employed by parties at any stage in a dispute. Sometimes parties who were not willing to consider mediation at the beginning of a dispute (and who may be well along in the litigation progress) recognize that despite their investment in the litigation progress it will still be to their mutual advantage to resolve matters using mediation.
The mediator, who may or may not be a lawyer, is not a legal advisor to either or both of the parties and has no decision making authority. The mediator’s role is to act as the neutral facilitator. The mediator meets with the parties to identify the issues, listen carefully to each other’s point of view, consider options for settlement, and create an agreement to resolve the dispute.
Mediation has a high success rate; 80% of all issues taken to mediation are successfully resolved. Generally, mediation is a much faster and less costly process than litigation.