Mediation is a process in which a trained facilitator assists disputing parties in communicating their concerns on issues and exploring solutions. The mediator does not render any decision or provide any evaluation of the cases. Rather, he or she facilitates the exchange of information, then helps the disputants evaluate their goals and options and find their own mutually satisfactory solution.
The goal in mediation is for all parties to work out a solution they can live with and trust. It focuses on solving problems, not uncovering the truth or imposing legal rules. This, of course, is a far different approach than courts take. In court, a judge or jury looks back to determine who was right and who was wrong, then imposes a penalty or award based on its decision.
Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. Knowing that no result can be imposed greatly reduces the tension of all parties. It also reduces the likelihood that someone will hold to an extreme position. Also, if mediation does not produce an agreement, either side is free to seek resolution in court. Some the key contrasts and benefits of mediation versus court-based conflict resolution are shown below.
- Lower costs
- Less stress, bitterness, anger, and conflict
- Creative problem-solving techniques and solutions
- Control over decision-making and outcomes
- Limited or no court appearances
- Protect your rights, assets, and your family