Mediation is the attempt to settle a legal dispute through active participation of a neutral third party (a mediator) who works to help those in conflict agree on a fair result. Mediation is a conflict resolution process. With the assistance of a neutral third party, disagreeing parties systematically develop options, consider alternatives, and reach a consensual settlement to their disagreement. Mediating a case before a lawsuit is filed enables the conflicting parties to present their case before any money is spent on litigation. Mediation offers the chance to avoid what could become a costly and lengthy litigation process.
The mediation process is voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. It is the mediator’s job to assist the parties in their negotiations by identifying obstacles to settlement and how to overcome them. By working with both sides, a mediator can help bring the issues into perspective and help identify a solution both sides can be happy with.
Mediation is different from an arbitration in that the mediator does not render a decision. Instead, mediation allows the parties to make their own decisions. According to the American Arbitration Association, over 85% of all mediations result in a settlement. The mediation process can save both parties a great deal of time, money and the problems associated with a lengthy trial.
A mediation session is private and confidential. In the event no settlement is reached, any statements during the proceedings are inadmissible as evidence in any subsequent litigation. The mediator can not be made to testify for or against either party.
With mediation, both parties have so little to loose and so much to gain. Let Nick Buoniconti help you with your mediation today!