Resolve USA | What is Mediation

What is Mediation

The mediation process can be a "win-win" for both parties involved in a dispute. Conflicts occurring in both professional and personal environments are all too often left to neutrals such as courts of law or supervisors. This kind of resolution can be lengthy, stressful, embarrassing and costly, leaving the "winner" frequently unsatisfied.

Mediation can take place as:

A Mediation Conference where both parties and authorized representatives are present.
A Mediation Teleconference where both parties and authorized representatives are present via telephone.
Individual Telephonic Exchanges where the mediator will coordinate and facilitate.

The American Arbitration Association reports that over 85% of all mediations result in a settlement. Mediation is a voluntary settlement process by which an independent mediator assists parties in conflict to reach a mutually satisfactory settlement. Mediation is a private, confidential and informal process normally held in a private office or meeting room where no public record is made of the proceedings. The mediation process identifies important issues, clarifies misunderstandings, explores solutions and negotiates a settlement.

A mediation session can usually be completed in a day or less. The mediation session typically begins with a joint meeting of the parties, their attorneys and in some cases, other professionals such as insurance company representatives, accountants, financial planners, psychologists and psychiatrists can be brought into the process. In some situations, such as divorce cases, mediators may recommend that each spouse have their own attorney represent them. An attorney can provide guidance, legal counsel and can draft documents for filing with the court. Although, even if the mediator is an attorney, the mediator is not acting as an attorney and cannot represent either person in the divorce. If your spouse is not interested in participating in the mediation, don't hesitate to contact us. A trained mediator can work with your partner to possibly bring about cooperation. By using mediation, it is likely that you will use fewer legal services, and those that you do use will be different than if you did not use mediation.

It is not part of a mediator's role to provide legal advice. Mediation is different from arbitration in that the mediator does not render a decision. Instead, mediation allows the parties to make their own decisions and fashion their own settlement. Mediators act as a catalyst between opposing interests, attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator does not represent any party and has no bias against any party or their position. It is not the mediator's role to impose an agreement on any party.

The possible outcomes of mediation can be an apology, a written agreement, compensation or anything lawful agreed to by both parties.

Negotiated Settlement Agreements are written agreements that must be mutually acceptable to both parties involved in the dispute. It is considered as binding and enforceable as any other written contract.
An impasse occurs when either the mediator or either party decides that further mediation efforts are no longer productive or worthwhile. At this point, the commission will conduct a thorough investigation.
Independent Settlement Agreements can occur at any time during the mediation process. The complainant may choose to withdraw the complaint and decide either not to pursue the action further or enter into an agreement on their own terms.