What’s Mediation all about?

It is a process where the parties mutually select an impartial, but knowledgeable person to assess the dispute between the parties, and to assist the parties in resolving their dispute.

The Mediator acts as a catalyst toward resolution, and will not determine what is “fair” or “just”. Rather, the Mediator will require the parties to define their positions clearly, so as to foster clear discussion of those issues, without hyperbole or hostile confrontation.

The Mediator does not decide any case. Rather, the Mediator encourages communication so all of the possibilities of resolution are explored thoroughly.

While no specific procedure is mandated, the mediation process usually begins with a joint session with the parties and then meetings with the parties separately. The separate discussions provide an opportunity for the parties to address issues candidly and confidentially with the mediator. A complete and candid assessment by the Mediator may require a party’s response to questions about its positions.

The process is conducted informally but very seriously. It is hard work, and can lead to effective and fiscally responsible resolution of disputes in many cases.