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What is Mediation?
Mediation is the process by which parties to a legal dispute employ a third party, called a mediator, to assist in resolving the dispute.
Next Article: How do Parties Initiate Mediation? Back to: ALTERNATIVE DISPUTE RESOLUTION
What is a Mediator?
The mediator is an unbiased and disinterested third party.
She generally has undergone special training in dispute resolution and possesses in-depth knowledge of the subject matter of the dispute.
In most instances, a mediator is a licensed attorney who has mediator training.
This is important, as the mediator should understand the legal principles that will apply to the dispute and be able to explain those legal principles to the parties.
The mediator can honestly communicate with each party the process and possible results if the parties cannot resolve the dispute and decide to move forward with litigation.
Mutual understanding of the parties is important in the resolution of the dispute.
- Note: The mediator is not a decision-maker; rather, she is a facilitator helping to bring the parties together toward a negotiated settlement. As such, she cannot deliver a binding decision on a matter. The parties must ultimately agree or refuse to settle the dispute.
Related Topics
- Alternative Dispute Resolution (Intro)
- What is the Settlement of a Legal Dispute?
- Demand Letter
- What is Mediation?
- What are the advantages and disadvantages of Mediation?
- How Do Parties Initiate Mediation?
- What is the process for carrying out a mediation?
- What is the process for challenging a mediation agreement?
- What is Arbitration?
- What are the Advantages of Arbitration
- Initiating Arbitration Voluntary and Statutorily Mandated Arbitration?
- What is the procedure for carrying out an arbitration?
- Rules governing the arbitration Federal Arbitration Act
- What is the Judicial Review of Voluntary Arbitration?
- What is the Judicial Review of Mandatory Arbitration?
- What is Review under the Federal Arbitration Act?
- How are Arbitration Awards enforced?