A voluntary dispute resolution process facilitated by a neutral third party mediator.
Mediation - Term

Mediation is an alternative dispute resolution (ADR) process in which a neutral third party, known as a mediator, facilitates negotiations between two or more parties involved in a legal dispute or conflict. The mediator has no decision-making authority and cannot impose a resolution. Their role is to guide open communication, brainstorm potential solutions, and assist the parties in trying to reach a voluntary, mutually agreeable settlement.

Mediation offers a unique setting for parties to discuss their interests and explore creative ways to resolve their differences. Importantly, participation in mediation is entirely voluntary, and either party can choose to withdraw at any time. If a settlement is reached, the agreement holds the legal force of a binding contract, further reinforcing the voluntary nature of the process.

Mediation offers a range of benefits, including lower costs compared to lawsuits, quicker resolution timelines, greater flexibility in possible remedies, the opportunity to preserve relationships between parties, and increased control over the outcome. It’s worth noting that mediation is not limited to specific areas of law, but is commonly used in diverse contexts such as divorce and child custody cases, commercial disputes, employment issues, and landlord-tenant conflicts, among others.

While mediators cannot provide legal advice, they can facilitate productive dialogue, help overcome impasse, and guide parties towards resolutions built on compromise and mutual understanding. Mediation’s confidentiality encourages open discussions of interests and options.

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