WHAT IS MEDIATION?
It is a process in which a neutral person facilitates communication
between disputants to assist them in reaching a mutually
acceptable agreement.
IS MEDIATION SOME SORT OF LEGAL PROCEEDING?
No. It is an informal process that allows people who are
involved in a dispute to resolve their dispute without any
legal proceedings. It, altogether with Arbitration, is a
type of Alternate Dispute Resolution. However, Mediation
is different from Arbitration.
WHEN CAN I USE MEDIATION?
You can mediate whenever you have a dispute that could
interfere with a business or personal relationship. For
instance, businesses that have strategic alliances may use
mediation to resolve differences that their contracts did
not contemplate, or to separate amicably
Mediation can also be an alternative to a civil lawsuit
or arbitration for both businesses and individuals. Couples
who are divorcing often choose mediation as a more civilized
way of arranging their affairs than an adversarial trial.
Business or individuals who have begun a lawsuit can mediate
at any time, in order to resolve the lawsuit.
WILL A MEDIATOR DECIDE WHO WINS?
No. Unlike arbitrators in an arbitration, mediators do
not decide cases. They have no power to impose a resolution
of the dispute on the parties. They can offer different
perspectives, help you to articulate your priorities, re-frame
the dispute, and assist the disputants in negotiating a
settlement. But they cannot tell you what to agree to. |
