By David Baron
What Is Mediation?
Mediation is a process by which a third neutral party assists in delivering an agreement that is mutually acceptable to opposing parties. The process is attended voluntarily. Attorneys without mediation settle cases, so mediation is intended for cases not settled in this manner.
How Is Mediation Effective?
Mediation is effective because all parties including counsel are contained in a central location with the sole purpose to solve the issues. This is uncommon in the common court system, but in mediation parties are able to levy grievances in a controlled manner without the process becoming subverted.
How Do Mediators Help?
– Mediation does not provide an audience for a single participant.
– Mediation does not provide a forum to receive advice.
– Mediation does not deliver judgments.
Mediators allow both participants to feel justice has been served, and their voices heard. Solving these underlying issues is the key to success in mediation beyond money and monetary compensation.
Additionally, the proceedings are strictly confidential. Success can be attributable to a number of reasons. These reasons include confidentiality and impartial mediators. The process as well as the impartiality of the mediators guarantees confidentiality by law.
Additionally, decisions are legally binding by the courts. Mediation brings cases to conclusions faster, saving resources and utilizing only one percent of the judicial budget. Finally, there is no home field advantage in the closed confidential proceedings unlike public trials in which the public can attend, comment, react and comment and otherwise disturb the trial or express support for one participant over another. Often this support is derived based on the location of the case and can sway jurors giving either party an unfair advantage or disadvantage.