Updated: Aug 24
Litigation is costly and many people are foregoing it in favor of mediation, and as more people have chosen this route, the demand for mediators is increasing.
So, what exactly is a mediator and what do they do? If you Google the term, the general definition of "a mediator is a neutral third person who serves to encourage and facilitate the resolution of a dispute between two or more parties," automatically pops up.
In a manner of speaking a mediator is a person equipped with the necessary communication skills and knowledge to help bring about a resolution to a dispute, which in essence is the whole goal of litigation. Mediators help the persons engaged in conflict to step outside their own perspective and view the substantive interests of all the parties.
The question then is – what is mediation and what does the mediator do to help foster a resolution? While this may appear as very basic, the purpose of mediation is to open up lines of communication and to explore all possibilities of settlement in order to resolve the dispute. The role of the mediator includes, but is not limited to, assisting the parties in identifying the issues, fostering joint problem solving, and exploring settlement alternatives. If the parties reach a settlement in mediation, the mediator will draw up a written agreement for the parties and their attorneys (if retained) to sign. The original agreement is then filed with the appropriate Court as part of the case record and the parties are given a copy. The Court is then notified that the case has settled.
Mediation is a proven way to successfully reach an agreeable solution that provides satisfaction for all involved.