The term “mediation” is used quite frequently, but often misunderstood by the general public. In a mediation, a neutral third party called a “Mediator” is called upon to hear a dispute between two or more parties. During this mediation, the objective is to get these parties to come to a resolution and the Mediator’s role is to get them there without judging the facts of the case. Mediation is different from “arbitration” in that an Arbitrator’s role is to make a judgement based on each party’s evidence as to who is to be responsible for the damages and how much responsibility is placed on this person. People often confuse these two terms, so it is important to understand that they are entirely different from one another.
Choosing an alternative dispute resolution is often the best, most cost-effective option for a claimant. Anyone who has previous experience with a lawsuit will tell you that the ability to settle a lawsuit before going to trial is often a preferred option. Mediators are typically the following types of people:
- Practicing Attorneys
- Retired Judges
- Professionals who are trained to mediate
These people may be either full-time or part-time mediators, but they should all be specialized in the field of mediation. The most critical aspect of finding a great mediator is neutrality. This person must experience a neutral position throughout every aspect of the mediation, from evaluation to resolution. As an effective alternative to the traditional constraints of the trial process, mediation requires professional legal guidance. Often less stressful than litigation, turning to a mediator to help resolve a case is helpful not only to speed the process, but also to encourage better communication between the parties.
Are you considering mediation as an option for your current predicament? If so, please contact our office for expert advice on moving forward with the mediation.
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