What is mediation?

September 12, 2009

Mediation is an alternative method to resolving disputes. Rather than going to trial, the parties to a lawsuit can agree to meet with a mediator in order to reach a mutually satisfactory resolution to the conflict.

The role of the mediator, who is a completely neutral and impartial party, is to help both sides identify their common interests, concerns and goals. A mediator is not a decision maker. Unlike a judge or jury, they do not render a judgment and pick a “loser” and a “winner.” Rather, their job is to facilitate productive discussion.

In coming up with a solution, mediation is not dictated by points of law. There is no requirement that blame or fault be assigned, and you can often consider issues that could not be brought up in court.

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