Mediation is a process, or method of problem solving. It is an alternative to litigation or government involvement in a dispute or conflict.
Mediation does not look like a prime time adversarial court room drama. Click on the following link for photos of how mediation looks, www.mdmediator.com in my Maryland practice.
The mediation process empowers people (also known as "parties"), in dispute to sit in the same room with one another, along with a neutral third party (known as a mediator), and identify, and discuss the issues relevant to the dispute. The mediator will not choose the winning or losing argument. The mediator will not order the parties to include certain terms in the settlement agreement.
During mediation, the mediator assists with the communication process and helps each party to be heard respectfully. The parties take turns speaking and have the opportunity to speak in a non-hurried environment.
Emotions may get in the way of parties negotiating. The mediator helps the parties express and manage emotion during mediation, and move forward with negotiation.
How long mediation lasts depends on the parties, and the mediator. Scheduling a session for two or three hours is common for personal or family disputes. Business disputes may be scheduled for half or whole day sessions. In both scenarios additional time is made available.
At the request of the parties, the mediator drafts the parties' Agreement, which when signed by the parties is binding.
Mediation provides the tools for the parties to arrive at an agreement which is fair and practical. The likelihood the parties will be satisfied and honor the terms of the agreement are greater when the parties create their own settlement rather than submitting to one dictated by the stranger in a black robe in a court of law.
What Is Mediation?
January 2, 2009
