Meeting face-to-face is an effective way to encourage resolution of a dispute. Mediation is the process in which individuals engage a neutral party – the mediator – to facilitate a discussion with a view to resolving the dispute.
Mediation is used to resolve all types of disputes, including business, construction, employment and intellectual property disputes. Many contracts and agreements now include a provision requiring that the parties mediate a dispute prior to commencing litigation.
Mediation is more flexible, expeditious and cost-effective than litigation. It provides the parties with an opportunity to participate in settlement negotiations and to jointly craft a solution tailored to the individual circumstances.
Although the tone of each mediation depends on the parties to a great extent, there are some fairly standard steps that each mediation will take. Generally, the mediator makes an opening statement regarding the conduct of the mediation and each party is given the opportunity to present their view of the dispute and to propose a solution.
Parties should ensure that they understand the mediation process and know what to expect before they attend the mediation to enhance the possibility of resolving the dispute or at least some of the issues between the parties.
The Role of the Mediator
The mediator facilitates the discussion between the parties to enable them to find a solution to the dispute. The mediator is a neutral thrid party, not a judge or an arbitrator; and does not impose a decision or make a determination as to right/wrong or win/lose.
Court-Connected Mediation
The court system recognizes the effectiveness of mediation, and requires that mediation be held early-on in most civil court actions through the Mandatory Mediation Program.