Mediation

Mediation is a conflict resolution method in which a neutral third party mediator helps the disputing parties discuss their issues with each other and reach resolution on those issues. Unlike litigation (trial by judge) or arbitration, mediation is an informal process in which the mediator does not control the outcome of the mediation, instead using the mediation process to help the parties create their own resolution.

Mediation is:

• confidential – the mediator can not be called to testify in a court
• voluntary – mediation only happens if both parties agree to try it
• fast – most disputes are resolved in one session
• inexpensive – relative to litigation or to continued fighting
• low-risk – since the mediator does not control the outcome
• informal – there are no formal process and procedures
• constructive – parties can use mediation to fix or improve their relationship

Before the Mediation

When you call The Negotiating Table to schedule a mediation, I first find out who the parties are and what type of issues you are grappling with. I want to make sure both parties make informed, voluntary decisions in choosing to mediate their dispute. I hold brief phone conversations with both parties to answer any questions you may have, see if you would like to schedule a date for mediation and determine the length of the session required. Most disputes are scheduled for either a three-hour session or a full-day, depending on the number of parties and the complexity of the issues. I can hold mediation sessions at my office, at your work place, or at other mutually agreed upon locations.

At the Mediation

When you arrive at a mediation, we typically meet all of us together. First, the I explain the mediation process, and then the parties take turns giving their perspective on the dispute. In some cases the entire mediation takes place as one long session with everyone there, and in others, I may ask to speak with each party individually, or even conduct shuttle diplomacy between them. If the parties arrive at a resolution of their dispute, they, with my help, typically write an agreement that captures their chosen course of action.

Legal Advice

If the dispute is of a legal nature, I strongly advise you to seek legal representation and to consult with your attorneys as part of the mediation process. Sometimes attorneys come with disputing parties to the mediation, sometimes they are available for consultation by phone, and other times they simply review agreements after the mediation is completed. Mediators do not provide legal advice to disputing parties.