Procedures used to settle disputes, outside of litigation, without going to court, are sometimes referred to as Alternative Dispute Resolution (ADR). ADR can be used by persons with or without the assistance of a lawyer. One such procedure is Mediation.

What is Mediation?

Mediation is a facilitated form of negotiation. An impartial third party, (the mediator) attempts to help disputing parties reach a mutually satisfactory resolution of their dispute. In Mediation, the parties retain control over the process, and determine their own resolution of the dispute. Parties choose a mediator, a trained professional, who does not have the power to make any binding decistions. The mediator educates the parties as to the other side's position, determines what the parties want in order to settle the case, and helps the parties reach a settlement of their dispute. There is a settlement only if the parties agreee. The entire process is voluntary, private, and confidential.

Advantages of Mediation

• Time and Cost: Mediation is often a less time-consuming and less expensive alternative to "going to court."
• Desire to Settle: Settlement is reached only if both parties agree.
• Existing Relationships: If there will be an ongoing relationship between the disputing parties, mediation may have a better chance of preserving necessary relationships for the future
• Confidentiality and Privacy: Court proceedings can become part of the public record while mediation is completely private.
• Expert Assistance: A trained neutral mediator can help resolve the dispute.
  How to find a qualified mediator