What is Mediation?

In mediation, the parties agree to work with a neutral third-party facilitator, the mediator, to resolve their dispute. The main difference between negotiations and mediation is that in negotiations, the parties work directly with each other, while in mediation the parties work with the mediator who facilitates the settlement.

Here are some of the characteristics of mediation.

1. The parties agree to work with a facilitator or mediator to resolve a dispute.

2. A mediator does not make a ruling like a judge or arbitrator.

3. Mediation is voluntary so either party may choose to stop at any time.

4. The mediator is neutral and impartial and does not represent either party's interests.

5. A mediator may meet with both parties, a joint session, or individually with one party, a caucus. When meeting in caucus, what is said to the mediator is confidential unless the party agrees that the information can be shared.

6. A mediator can be used when direct negotiations failed.

7. A mediator can be used when the parties don't like each other.

8. A mediator may be able to defuse conflicts or disagreements between the parties.

9. The mediator may play devil's advocate or give a reality check to the parties.

10. Mediation is not therapy.

11. If the case cannot be resolved through mediation, the parties may try arbitration.


Mary Greenwood, Mediator, Attorney and Author of
How To Negotiate LIke A Pro: 41 Rules for Resolving Disputes, Winner of six book awards
How To Mediate Like A Pro: 42 Rules for Mediating Disputes
Winner of five book awards
Spirit AWard, South Florida Writers Association
Email: howtonegotiate@aol.com
www.marygreenwood.com
Available Amazon.com