Mediators, who are sometimes referred to as “neutral facilitators” are impartial, and must remain so throughout the mediation process.  What this means is that the mediator can not make decisions for the parties, or give any of the parties legal advice even if the mediator is also an attorney.  It is the mediator’s job to help the parties make decisions about their dispute in a way that is acceptable to them.  The parties may, if they choose, consult with an attorney during or after the mediation process, or bring their attorney with them to the mediation. 

Mediation is a confidential process, with a few limited exceptions.  This means that what is said in mediation cannot be used in litigation, and the mediator cannot be called as a witness.  This is an important part of mediation because it allows the parties to freely and completely discuss their dispute.  Even in the event that one party does not feel comfortable discussing something with the other party, the information may still be discussed privately and confidentially with the mediator to determine if or how the information might be disclosed. 

Mediation is voluntary, and all parties must consent to the process.  This is an important part to any potential successful outcome. Mediation requires some ability to compromise, to listen and to consider another perspective, and to be flexible even when you are in a dispute.   Those who voluntarily consent to and embrace the process have the best chance at a successful resolution of their dispute.

TIPS TO HELP YOU GET THE MOST OUT OF MEDIATION

• Prior to the mediation, identify what issues are really important to you, rather than deciding what position you are going to take. 

• Prior to the mediation, identify if you want or are able to compromise or reach an agreement.

• Prepare yourself to listen without judgment, formulating a response or interruption. 

• Acknowledge that you may hear new information about the matter and prepare yourself to consider this information.

• Acknowledge that any new information you hear may change what issue may be important to you, and be flexible to change.

• Consider how to present your information in a way that does not blame or accuse.. 

• Understand that disputes often are created by miscommunication and not by evil intention. 

• Acknowledge that you may have played a part in the dispute and prepare yourself to take responsibility for your own actions.

• Consider the concepts of compassion and forgiveness, and think about how to listen with these intensions. 

• Mediation is usually less costly and is less time consuming than litigation.

• You have the opportunity to be more creative in the resolution of your dispute than may be allowed in the court process.

• You have the opportunity to address the specific needs of your individual situation more directly.

• You maintain control over the outcome of your dispute, rather than giving up that control to someone who may have his or her own perspective of the dispute.

• Mediation is a private and confidential process unlike a public courtroom.

• You can usually resolve your dispute more quickly through he mediation process than you can in litigation.

• You are usually able to speak more freely and completely in mediation, as mediation does not have the same rules as restrictions as in the court process.

• You can decide to pursue other avenues of litigation if mediation is unsuccessful.

• While you may only resolve some of the issues in the dispute through mediation, any issue you resolve will be one less issue you have to resolve through litigation. 

• You may learn information about your dispute that you did not know.  This can give you a better understanding of your situation and how you might resolve disputes if or when they arise in the future.

• You have the opportunity to preserve the relationship with the other party to the dispute, as well as with other people affected by the dispute.

• You may participate in mediation either before a lawsuit is file, or while a case is pending.

• You may find that mediation is a more pleasant and satisfying way to resolve a dispute. 

• You may find that the parties to any agreement reached in mediation may be more inclined to follow through with an agreement that they directly participated in making.