Mediation is a process in which a trained mediator helps to facilitate communication between parties involved in a dispute. This allows the parties to work out a compromise and avoid going to court and asking a judge or jury to decide their issues for them. Unlike arbitration and court litigation, mediation is typically voluntary. However, in some cases a judge will order the parties to participate in mediation to resolve certain contested matters that have arisen during legal proceedings.
While the term mediation is broadly used to describe any type of dispute resolution process, it is most often associated with a structured negotiation that is facilitative rather than directive. A facilitator is a neutral third party that focuses on open communication, encourages the parties to consider a variety of solutions, and does not take sides, offer legal advice or reveal confidential information. A mediator also questions, reframes issues and assists the parties to understand each other’s perspectives on the dispute and its causes.
The process of mediation varies considerably, depending on the nature of the dispute, the circumstances of the case and the people involved. The process may start with an introduction to the mediation by the mediator, followed by an opportunity for each of the parties to express their concerns. The mediator may then meet with the parties jointly or separately, with their lawyers if they have them present, to help the parties explore possible solutions.
If the parties are unable to reach an agreement on some or all of their issues, the mediator will usually declare that they are at an impasse and the mediation will end. If the parties are able to reach an agreement, the mediator will prepare the paperwork and all of the participants will sign the agreement. If the mediation ends in an impasse, then the parties will have to go back to court and ask a judge or jury to decide their issues.
Whether you are facing a business dispute, divorce or any other conflict, you can benefit from mediation. In addition to helping you settle your dispute, you will also gain a better understanding of how the conflict arose and what steps you can take to prevent it from occurring in the future.
Mediation is a voluntary, informal dispute resolution process that can save you money and time in resolving your case. If you are interested in learning more about mediation or having a mediator assist with your dispute, please contact us to schedule an appointment. We represent clients throughout the state of Arizona. We also offer remote mediation services. We represent individuals, businesses and local, state and federal agencies in a variety of dispute resolution matters. The firm handles a variety of complex business and employment law disputes as well as family law matters. This includes custody, child support and property division matters. We also handle civil rights claims and consumer fraud matters. We are dedicated to providing quality representation for our clients. what is mediation