What is Mediation?

Mediation is a private, voluntary process through which an impartial third party — the mediator — helps individuals in conflict with each other discover mutually agreeable solutions to their dispute. The goal of the mediation process is to open communication among the parties, to foster understanding of each others’ point of view, and to identify common interests upon which the parties themselves make decisions acceptable to all. In this way, agreements reached are the result of shared decision-making.

How Does Mediation Work?

The mediator begins by identifying the issues to be resolved through individual confidential conversations with the disputing parties. Then in a calm environment where all parties are present, the mediator structures a discussion among participants to ensure that every issue and viewpoint is heard and that the needs and concerns of all participants are safely explored. With the mediator’s help, the parties are encouraged to clarify interests, look for common goals and examine possible options to resolve the conflict.

The basic principles that guide the mediation process are:

Confidentiality: All information shared in the process is private and confidential, unless otherwise agreed to by the parties.

Voluntary Participation: Only the parties themselves decide whether to participate in the mediation and they may discontinue the process, at any time, if it is not working for them for whatever reason.

Mediator Neutrality: The mediator has no stake in a particular outcome. Decision-making authority rests only with the participants.

Informed Decision Making: The ability of parties to make decisions is based on their having full understanding of all the information needed and shared relating to the issues under discussion.

Self Determination: An agreement is based on parties making free and informed choices. Individual participants have autonomy and the right to say “no” to any option under discussion.

What are the Benefits of Mediation?

Mediation can save time and minimize the cost of resolving a dispute. It can help preserve relationships and improve communication among the participants over the long run. Since decision-making is collaborative, parties design for themselves realistic and workable solutions that address
the needs of all.