About Mediation
Mediation is a process where an impartial mediator helps parties in dispute work toward a solution that is acceptable to all. Participation is voluntary. Unlike a judge or arbitrator, the mediator does not decide the outcome of the dispute. Mediated agreements tend to succeed because they result from a process that allows parties to create their own solutions.
Seven Steps for an Effective Mediation
1. Intake
Each party meets privately with the mediator to discuss facts, perceptions and desired outcomes of the dispute.
2. Review Process
Mediator and parties review goals, terms and conditions of mediation and sign an agreement to mediate.
3. Information Gathering & Issue Identification
Each party states their issues and desired outcome.
4. Agenda Setting
The mediator works with the parties to organize and prioritize their issues.
5. Resolving the Issues
The mediator leads the parties in generating and evaluating options.
6. Reaching Agreement
The mediator helps parties review all issues and the tentative agreement.
7. Drafting the Agreement
Mediator drafts Memorandum of Understanding for review by the parties and their legal counsel.
Benefits of Mediation
- You Control the Outcome
Unlike a court proceeding where a judge rules on the outcome, the parties in a mediation agree on a jointly acceptable resolution.
- Lower Cost
Since mediation generally resolves faster than a legal proceeding, the mediation process is less costly for the parties both in time and money.
- Reduced Stress
In mediation you set your own pace and work with your schedule. The process is confidential and you do not have the stress of a prolonged open court process.
- Lasting Agreement
Research shows that since all parties are involved in drawing up the agreement, they are more likely to comply with the terms.