Mediation is a form of alternative dispute resolution (ADR) facilitated by a neutral third party. Unlike arbitration, a mediator does not make decisions for the parties but rather provides a structured and task-oriented procedure that allows the parties to focus on what is most important to them.
Mediation is a non-adversarial form of dispute resolution. Both parties need to be on board with the decision to mediate and show up in good faith, wanting to resolve the conflict without someone else telling them what to do.
Why should I mediate my case?
The decision to mediate a case depends on a variety of factors. This form of ADR is not for everyone and not for every case. However, it is vastly effective in some instances, such as divorce or a small business dispute, where both parties genuinely intend to resolve their issues constructively.
Both parties must choose the mediator who will work on their case, making this form of ADR a collaborative process from beginning to end. Ideally, the parties have reached an agreement or settlement by the end of a mediation. If the courts are involved, the judge can sign off on that agreement after reviewing it and ensuring it does not violate the law.
Mediation vs. the courts
The benefits of mediating a case in contrast to taking it to court are many, including:
- Mediation could be a great alternative if you want your matter to remain private. Most cases that go through the courts have a public filing system through which the parties submit their claims and requests.
- As opposed to litigation, mediation is non-adversarial. It is tremendously effective in preserving the relationship between the parties, which can be very helpful in cases where the parties will continue to see each other or work together.
- In comparison to going through the court system, which can be ever so costly, mediation provides a much more cost-effective option for resolving disputes. You can also bring your attorney to your mediation sessions, which can be in-person or virtual.
This form of ADR is highly effective in many cases and worth considering, keeping in mind that it is not appropriate for all cases. Mediation is an extraordinary concept and one that becomes more and more popular as time goes on.