Q. What is mediation and why would I be interested?
A. Mediation is a method prompted by a neutral party or mediator to resolve legal problems. It is a confidential process whereby the mediator will guide parties through a discussion of the relevant issues and also assist them with identifying and considering possible solutions. The mediator does not make any decisions regarding who is right or wrong, and he has no authority to require anyone to perform in any manner. The parties are responsible for devising a resolution to their dispute and following through with that agreement. Mediation is generally a shorter and often less costly process, which assists in maintaining important business relationships.

Q. What generally happens during the mediation process?
A. The mediator will begin the process by explaining all matters to the parties. Some ground rules will be established, such as maintaining confidentiality, refraining from interrupting the other party, and directing comments to the mediator.

Each party will then have an opportunity to present his/her perspective and concerns about the situation at issue. The parties are permitted to use a prepared statement to communicate their thoughts, and then the mediator will assist also in formulating and directing each party's concerns to the opposing party. However, it is not required that the opening statements are formal or written.

Effective communication is very important to both parties. Remember, unlike litigation, the parties are not trying to persuade the mediator to agree with their position. In mediation, the goal is to have all parties eventually satisfied with a mutual agreement. Therefore, parties must be cooperative, in spite of their differences, so that a resolution that is satisfactory to both sides can be reached.

After both parties are able to provide opening statements, the mediator will guide the parties through the process of obtaining possible resolutions. Parties should have a clear idea of what their goals are and also distinguish the objectives that they need from those that they simply want. Having previously determined what their goals are, in ranking order, will assist each party in making better decisions about options offered.

Q. How is the mediation process resolved?
A. Hopefully, the mediation process will conclude with an agreement both parties find sufficient. While there may be a situation where one party did not receive all the goals he or she desired prior to the mediation process, that party could be pleased the dispute was resolved. Most importantly, the parties solve their own dispute and compromise to find a result that works for both sides. Even in the instance where an agreement does not result, parties are often able to leave the process with a better understanding of the issues and a better professional relationship.