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What is Mediation?

Mediation is negotiation with a neutral’s assistance. When you have a conflict or dispute with another, and your own efforts to negotiate with the other side to resolve the conflict fails, you may need the assistance of a neutral party or a mediator. The dispute may involve more than two parties in some cases.

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What is the process like?

Mediation is less formal than litigation.  However, mediator may establish certain ground rules and decide on a process or strategy depending on the circumstances of the case, parties’ interests and their relationships to achieve the best possible outcome. 

Is it confidential?

Generally, disclosures made for the purpose of, or during mediation are considered confidential. This is subject to very few exceptions.

How does the mediator resolve the conflicts or disputes?

Mediator will help the parties come to an agreement in a consensual and collaborative manner. Mediator will identify issues that are preventing resolution of a conflict or smooth conduct of negotiation and will find ways to resolve those issues and help better communication between the parties by removing or reducing mistrust.

Does the mediator decide the dispute?

The mediator will not decide the dispute. The parties in the dispute will decide for themselves by negotiation with the assistance of the mediator. The mediator will help the parties realize for themselves their priorities and options that will help them come to a decision. If the parties want, the mediator may evaluate their case to help them decide what is the best course for them. In many cases, the parties come to a mutually satisfying agreement. However, sometimes the parties may not be able to settle or may decide that mediated settlement/agreement is not the best option for them. 

Does the mediator render legal advice?

Mediator does not give legal advice to any party in mediation. Any assessment by the mediator of a party’s position is in her role as a neutral/mediator and will not be a substitute for legal advice by an independent legal counsel retained by the party. This is applicable even where the mediator is also a qualified attorney. The parties may retain an independent legal counsel throughout the mediation process.

What are the benefits of mediation?

The parties participate voluntarily and decide for themselves. They do not have to abide by a decision imposed by a third party like an Arbitrator or a Judge of the court.   Mediation is usually less damaging to the relationship of the parties (compared to litigation) and the parties are usually more satisfied with the outcome because the parties have agreed to it voluntarily and hence are willing to comply with the terms of the settlement. The conflict/dispute ends early (unlike in litigation) and hence saves time and costs.

What is the cost of mediation?

The cost of mediation is much less than litigation (that often last for years) in many cases. If you do not retain an attorney to represent you in mediation, the cost of mediation will mainly involve the mediator’s fee and expenses incurred by the mediator for conducting the mediation. The responsibility for payment of mediation fee and expenses may be divided equally among all the parties in the dispute or may be borne by only one party depending on the circumstances.