Mediation: An Overview
Mediation is a form of dispute resolution that helps parties resolve conflict cooperatively. Mediation stands in contrast to courtroom litigation, which is adversarial in nature. In mediation, an objective, neutral professional serves as a mediator between two or more parties. The mediator’s role is to facilitate negotiation, rather than advocate for either party. Successful mediation offers the benefits of preserving relationships while minimizing stress and conflict.
At Mallor Grodner, a number of our skilled attorneys are trained mediators who are ready to assist you in the resolution of conflict, whether it involves your family, your business or your family’s estate.
Why Choose Mediation?
In mediation, any agreement that is reached by the parties is controlled by the parties themselves, rather than by a judge. In general, mediation allows the parties more flexibility in designing solutions to problems. Rather than asking a judge to intervene, the parties work with the mediator to understand each other’s goals and interests.
The mediator cooperates with the parties (and their attorneys, if the parties are represented) to communicate, negotiate and arrive at a mutually acceptable resolution. The mediator’s role is not to advise or advocate for either party, but rather to facilitate communication that is aimed at reaching agreement.
Another benefit of mediation is that it may take place outside of court in a location that is agreed upon by the parties. Often mediation occurs in the mediator’s office. That means you don’t have to wait to schedule a hearing on the court’s calendar, and often a resolution may be reached much sooner than if your dispute had gone to court.
Mediation is usually a very effective way of resolving conflict. However, if the parties do not reach an agreement through mediation, they may still choose to litigate their dispute in court.
Learn more about other forms of Alternative Dispute Resolution (ADR).