Mediation is a process where parties to a legal dispute sit down with an impartial 3rd party who helps them talk through the issues of the situation and arrive at an agreement that all the parties can live with. Unlike arbitration, the parties, with the mediator’s assistance, make all decisions about how to resolve the issues. It is almost always less expensive, less time consuming and more satisfying than litigation. The mediator helps parties negotiate in a more healthy, productive and collaborative manner than they might do without a mediator at the table.
Mediation is used in almost any area of dispute such as commercial and business, matrimonial and family law, employment, estates, organizational and community. Sometimes mediation is used to resolve an already pending lawsuit, and other times it is used before a lawsuit is even started. It can even be used in community and public policy disputes. Parties are free to bring their attorneys with them to mediation, although sometimes parties come without attorneys.
Mediation is confidential; therefore, anything said in mediation by a party cannot be reported to any court should the matter not be resolved and proceed to litigation. Parties that mediate report greater satisfaction with the results than parties that go through the litigation process. Mediation is much more likely to minimize harm to any relationship that parties need after the dispute (such as parent-parent, business-vendor, sibling-sibling, neighbors, co-workers). Mediation also allows parties to have “certainty of result” meaning instead of taking the chance of what will happen in court, they can craft an agreement that is going to be legally binding and have the force of law.
Steven R. Sugarman, Esq. of our office is a highly trained mediator that mediates in many areas, from matrimonial and family law, to business/commercial, workplace, civil rights and other areas. For more about his credentials, please see his biography. If you would like more information on mediation, please see the following articles:
If you are specifically interested in divorce and family law mediation versus the other areas in which Mr. Sugarman mediates, please click here: {vic here it would go to the Divorce and Family Law Mediation section discussed above}