Mediation is a process in which an impartial third party helps disputing parties communicate and understand each other. The mediator uses a variety of communication and negotiation techniques. They are not allowed to take sides or give legal advice.
Unlike court litigation or arbitration, mediation is a less rigid process. It can help people focus on future issues and improve their working relationship.
It is a voluntary process
One of the primary principles of mediation as it is practiced throughout the world is that participation in mediation is a voluntary process. Consequently, the parties can decide for themselves whether or not to mediate their dispute. In a typical case, a mediator will meet with each party individually in separate rooms to discuss potential avenues of settlement. These discussions are completely confidential.
Mediation is also a more informal process than a court proceeding. For example, participants do not have to prepare evidence or develop arguments, and there is no need to hire representatives. Additionally, mediation is more economical and quicker than litigation.
Despite these benefits, not all cases are suitable for mediation. It is important for parties to consider their options carefully before agreeing to mediation. If a party feels coerced into mediation, the process can backfire and result in an unsatisfactory outcome. The courts may order parties to attend mediation, but they cannot force them to reach an agreement.
It is confidential
One of the central tenets of mediation is that everything said in mediation remains confidential. This confidentiality encourages participants to be candid and allows them to resolve their disputes without having to go to court. In addition, it can reduce ongoing litigation costs.
However, there is a fine line between what is private and what is not. While participant-to-participant communication in a mediation is private, it can still be used by other parties to their advantage. This is because other parties are not bound by legal or ethical obligations to keep communications private.
As a result, it is important that mediators carefully consider the implications of confidential mediation communication. This includes making sure that participants are aware of the limitations on the use of this information in any future litigation. Additionally, they should ensure that all participants, including witnesses and observers, sign a confidentiality agreement. This will help to prevent future challenges to mediation confidentiality.
It is non-binding
During mediation, participants are encouraged to discuss their concerns with each other in an informal and less tense environment. While the mediator does not decide the outcome of a dispute, she will ask questions to help parties clarify their positions and identify potential resolutions. She does not offer therapy, counseling or legal advice, and her conversations with participants remain confidential.
In addition to the joint session, mediators often meet privately with each party or their attorney. These meetings, called caucuses, are designed to give each side an opportunity to explain their position and discuss their goals in confidence. However, any agreement reached during caucuses is not legally binding unless it is written into a settlement agreement and approved by the court. Dishonoring a settlement agreement can lead to jail time and large fines. Therefore, it is important to take your mediation seriously and consider a written agreement. This will prevent any issues from arising later in the case.
It is a negotiation
In mediation, the participants have a great deal of control over the process. They can decide how to interact with one another and with the mediator. They can also determine which issues to focus on. The mediation can last for a few hours, a day, or several days.
The mediator facilitates the discussions by using a variety of communication techniques. They may also offer evaluative advice to help the parties evaluate their options. They can use this information to help the parties reach an agreement.
Unlike court hearings, the mediation process is confidential. In addition, parties cannot testify about what happened in mediation in a trial. Moreover, the parties must be prepared to compromise in order to reach a settlement. However, mediation is not without risks. If a settlement is not reached, the participants must continue to the litigation process. This can take a long time and will require the participants to spend more money.what is mediation