Mediation

Parties to a dispute may choose mediation as a less expensive route to follow for dispute resolution. While a mediator may charge a fee, the mediation process generally takes much less time than moving a case through the Court process.

Mediation offers a confidential process. Court hearings of cases happen in public-whatever happens in mediation remains strictly confidential. No one but the parties involved in the Mediation (including the Mediator) know what has gone on during the mediation process. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation- notes are destroyed immediately following the Mediation. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.

Mediation offers multiple and flexible possibilities for resolving a dispute and for the parties to control the resolution. In a case filed in court, the parties will obtain a resolution, but a resolution will be determined by a judge or jury. In mediation, on the other hand, the parties have control over the resolution, and the resolution can be unique to the needs of the parties involved in the dispute. Often, solutions developed by the parties are ones that a judge or jury could not provide. Thus, mediation is more likely to produce a result that is mutually agreeable, or win/win, for the parties. And because the result is attained by the parties working together and is mutually agreeable, the compliance with the mediated agreement is usually high. This also results in less costs, because the parties do not have to seek out the aid of an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.

The mediation takes place with the aid of a mediator who is a neutral third party