What is Mediation?
Mediation is a practice that empowers disputing parties to reach mutually-acceptable agreements outside of a court setting.
Mediators act as neutral third-party facilitators whose role is to acknowledge and validate parties’ points of view, identify and help articulate the positions taken by parties, and assist the parties in finding and analyzing options for resolution.
Mediators explore and reframe parties’ interests in ways that help people move from conflict and hostility towards problem-solving and workable solutions to difficult issues.
Mediators are trained professionals in alternative dispute resolution techniques and strategies, and have backgrounds ranging from law to psychology to business. Although some mediators have legal backgrounds and may, indeed, be practicing attorneys, many are not. (For example, I came to mediation after a successful career in international banking and trade finance).
Mediation can provide a framework for parties to cooperate, even when the conflict is not fully resolved.
Mediation provides structure and safety for difficult conversations.
Mediations are confidential discussions. The only exceptions to confidentiality are:
Disclosure by one or both parties of intent to commit a felony; intended or actual harm to another individual or self (mediators are mandatory reporters).
Communication mandated by statute to be made public
Written consent of all parties and the mediator
In many instances, mediation is a cost-effect alternative to engaging legal professionals.