Mediation is a highly effective form of settlement conference in which a trained
and skilled third party neutral facilitates communication, reconciliation and
negotiation between the parties in order to achieve the voluntary and mutually
acceptable resolution of disputes. Simply put, mediation is facilitated
communications toward an agreement.
Mediation is different from other forms of dispute resolution in that the parties
participate voluntarily and the mediator has no authority to make a decision. The
decision-making power rests in the hands of the parties. Judges listen to
evidence and make decisions that are imposed on parties. Mediators do not. An
agreement is reached at mediation through the facilitated negotiation process.
Mediation is a confidential process. The mediation session is held in private. The
sessions are not tape-recorded or transcribed. At the conclusion of the
mediation, the Mediator destroys any notes she took. The Mediator will not, and
can not, disclose any information revealed during the mediation to third parties.
The communications by the parties can not be introduced as evidence in any
arbitral, judicial, or other proceeding.
Mediation normally begins with a joint session with all parties and their counsel.
The joint session provides an opportunity for each party, either directly or through
counsel, to express their views on issues to the other party. The joint session is
intended to begin the settlement process so statements during this session
should not be derogatory or provocative.
After the initial joint session, the parties break up into separate groups or
caucuses where the majority of the negotiation process takes place. The
Mediator will have private and confidential caucuses with each of the parties and
their counsel to explore interests and settlement options. She goes back and
forth between the caucuses, carrying various settlement proposals and
communicating important information between the parties. The Mediator keeps
information obtained in the private sessions confidential unless she is
authorized to disclose it to the other party.
Once a settlement is reached, a written agreement is signed before the parties
leave the mediation.
and skilled third party neutral facilitates communication, reconciliation and
negotiation between the parties in order to achieve the voluntary and mutually
acceptable resolution of disputes. Simply put, mediation is facilitated
communications toward an agreement.
Mediation is different from other forms of dispute resolution in that the parties
participate voluntarily and the mediator has no authority to make a decision. The
decision-making power rests in the hands of the parties. Judges listen to
evidence and make decisions that are imposed on parties. Mediators do not. An
agreement is reached at mediation through the facilitated negotiation process.
Mediation is a confidential process. The mediation session is held in private. The
sessions are not tape-recorded or transcribed. At the conclusion of the
mediation, the Mediator destroys any notes she took. The Mediator will not, and
can not, disclose any information revealed during the mediation to third parties.
The communications by the parties can not be introduced as evidence in any
arbitral, judicial, or other proceeding.
Mediation normally begins with a joint session with all parties and their counsel.
The joint session provides an opportunity for each party, either directly or through
counsel, to express their views on issues to the other party. The joint session is
intended to begin the settlement process so statements during this session
should not be derogatory or provocative.
After the initial joint session, the parties break up into separate groups or
caucuses where the majority of the negotiation process takes place. The
Mediator will have private and confidential caucuses with each of the parties and
their counsel to explore interests and settlement options. She goes back and
forth between the caucuses, carrying various settlement proposals and
communicating important information between the parties. The Mediator keeps
information obtained in the private sessions confidential unless she is
authorized to disclose it to the other party.
Once a settlement is reached, a written agreement is signed before the parties
leave the mediation.
Civil Mediation
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