Mediation

Mediation is a structured problem-solving process where disputants receive assistance from an impatial 3rd party.

While the Center doesn't provide mediation services to individuals, we may include mediation as a component in our plan to manage your organizational or community dispute.

What is Mediation?
Mediation is an informal, but structured problem-solving process moderated by an impartial third party. Mediation is voluntary, confidential, and nonbinding. The mediation process is designed to help disputants discuss their concerns and develop options for a mutually satisfactory resolution. The mediator facilitates the conversation, but does not provide advice or make decisions for the parties. One of mediation’s benefits is that it allows the participants to discuss multiple issues in a single forum. Mediation also encourages participants to explore creative solutions and to consider the long-term viability of those solutions. Because the mediation process gives disputants the opportunity to speak directly to each other, it is especially effective when the disputants have an ongoing relationship.

Legal Representation
Participants in mediation are permitted access to an attorney at any time before, during, or after the mediation session(s). In some cases, attorneys may be present during the mediation. Once signed, mediation agreements are binding contracts.

Confidentiality
Mediation is a confidential process. The mediator is prohibited from discussing the content of the case outside of the mediation session. Depending on the jurisdiction the mediation takes place in, the mediator may be exempt from being called as a witness. Participants are also prohibited from using information gained during the mediation in court.

Voluntary
Participation in mediation is voluntary and generally does not prohibit the parties from seeking or using alternate resolution methods if the mediation is not successful. Parties are not required to reach an agreement and may withdraw from the mediation process at any time.

Informality
In the range of possible dispute resolution options, mediation is usually considered an informal process. In mediation the emphasis is on the parties’ needs rather than legal precedent.

The Mediator’s Role
The mediator is an impartial facilitator who is responsible for maintaining the civility and productivity of the discussion. The mediator does not make decisions for the parties or decide who is right or wrong. The mediator will elicit information, help parties identify issues and options, provide reality checks, and encourage future-focused discussions. However, the mediator’s most important role is to act as an “interpreter” who helps the parties to express their thoughts and to understand the opposing party’s viewpoint. Once the parties have come to an agreement, the mediator may also be responsible for drafting the written agreement.