Mediation is a voluntary, confidential process where a neutral third party, called a mediator, helps people in a dispute communicate and negotiate to reach a mutually agreeable solution. The mediator doesn't take sides or make a decision; instead, they guide the discussion to help the parties find their own resolution. It is an alternative to court and often leads to faster, less expensive, and more durable agreements. Mediation is a form of assisted negotiation where the mediator helps parties identify issues, understand each other's perspectives, and explore creative solutions.
The mediation process is flexible and adjusted to each specific dispute. It generally includes the following steps:
- Schedule and participate in a confidential interview with a potential mediator;
- Signing a mediation agreement, including ground rules (such as confidentiality);
- Setting the agenda for mediation meetings by listing issues and topics;
- Discussing and evaluating the parties’ interests and needs;
- Identifying suitable solutions including specific actions;
- Drafting and signing a final agreement; and
- Implementing the agreed upon actions.