
Simply put,
Mediation is a form of alternative dispute
resolution in which a third party neutral
person with no interest in the proceedings
helps facilitate the parties to resolve
their dispute. It is the only time during
the court process that the parties will be
in total charge of their future. The
ultimate decision making during the
mediation rests solely with the parties. If
the matter is not resolved in mediation, it
continues through the court process and will
ultimately be resolved by the judge or jury.
The mediator
may not coerce or improperly influence the
parties to make a decision or unwillingly
participate in the mediation. The
mediator’s role is to help facilitate
discussion by using dispute resolution
techniques to assist the parties in
“thinking outside the box” so that the
parties can ultimately resolve their
differences and settle the litigation. A
settled dispute allows the parties to move
on and to use their resources in a positive
and more productive manner. |