Mediation is part of the legal system and it is a savvy tool for resolving disagreements, disputes and conflicts between parties. This process can be court ordered or it can also be voluntary. This is a tool that has been around for hundreds of years; however, in recent years, it has gained and continues to gain more popularity, as our society is becoming increasingly litigious and our court calendars are being burdened, as they are doing their best to schedule hearings/trials to resolve individuals lawsuits. The mediation process is a collaborative, controlled and confidential process.
A third-party neutral, known as “The Mediator,” who she or he do not have to be an attorney, to assist in this process; however, they should be well trained and very knowledgeable in the field of mediation, as well as, well educated in the subject matter being discussed between the disputants. These individuals do their best to assist the disputants to come to an amicable resolution, in a more timely and cost-effective manner. There are several primary purposes of the mediation process and they are: to get the disputants to listen to each other tell their side or sides of the story without interruption; put everything on the table during this process, so that the disputants have full clarity of the discussion(s), which in turn will assist with the Mediator and disputants in the negotiation process, to come to an amicable resolution.
Typically, the Mediation process is held at a facility that is provided by the Mediator that will accommodate the disputants to be more relaxed in their conversations versus a court-room setting.