WHAT IS MEDIATION?

Mediation is a voluntary process of dispute resolution in which an impartial third party (the mediator) helps the participants define and clarify issues; reduce obstacles to communication; explore possible alternatives; and -- when the parties desire – achieve a mutually satisfying settlement of their differences. The mediation process emphasizes the parties’ responsibility to participate meaningfully by making a good faith effort to understand the other’s point of view (while not necessarily agreeing with it). In mediation, the parties themselves determine what the outcome will be, including whether or not an agreement is ultimately in their best interests. This process is very different from arbitration, a quasi-judicial proceeding in which a final outcome is rendered by an impartial individual or panel. The mediator’s role is to facilitate the parties’ productive communication by helping them identify their respective assumptions, expectations and feelings. The mediator also works with the parties to identify options and to assist them in understanding the legal and other implications underlying their alternatives. The mediator does not represent either party. The mediator’s sole focus is on helping the parties themselves find common ground consistent with their own common principles.