Mediation

MEDIATION:
WHAT IS IT AND WHAT DOES IT LOOK LIKE?

Mediation is a dispute resolution process in which the parties negotiate with one another with an impartial mediator facilitating communications and negotiations until an agreement or settlement of the dispute is reached or the parties acknowledge impasse. The role of the mediator is to assist the parties in understanding the nature of the problem, the underlying interests of all parties, and the various options that may exist which can resolve all or part of the problem

The parties convene in a neutral location with the mediator and may attend with or without legal counsel. Each party is given the opportunity to make an opening statement explaining their side of the issues and articulating their concerns and possible outcomes. The mediator will encourage the parties to speak freely and to vent their feelings to the extent that it is productive. There are no legal rules of evidence limiting the discussion. The mediator maintains a sense of decorum preventing interruptions and making sure the parties hear and understand each other's communications.

Once the parties have presented their respective concerns, the mediator will identify what she sees as the hurdles to be addressed. She may at this time have some ideas regarding resolution options. More often, however, the mediator will "caucus" individually with the parties. That is, she will talk privately with one party outside the presence of the other. This gives each party has an opportunity to reveal thoughts not expressed in the presence of the other party or to explore options and to "brainstorm". The caucus discussion will remain confidential unless the party permits the mediator to share that information. The parties may caucus several times, allowing the mediation to present and massage options until the parties reach a compromise.

The mediation may resolve some or all of the issues in dispute. Once the parties reach an agreement, in whole or in part, the mediator prepares a written draft of the agreement or merely a memorandum of understanding for the parties to sign. The parties may choose to agree that the signed memorandum of understanding will be binding or may elect to take a the draft agreement to their respective attorneys for further review.

{Back to Mediation}

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © by Blackburn, Sloan & Adair, LLC. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.