What Is Mediation?

February 23rd, 2018

Like arbitration, mediation is another method of alternative dispute resolution.  Mediation is an informal process that is intended to bring two parties together to clear up misunderstandings, disclose concerns, and reach a resolution. The mediation process takes place in a private and confidential setting in front of a neutral third party known as the mediator. The mediator facilitates the exchange of information and helps the parties throughout the bargaining process. As the neutral decision maker, the mediator helps the parties reach common ground and work out an agreement that benefits both of them. 

Is The Mediation Process Right For You?

So how do you know if the medication process is a good match for your dispute? Well, mediation might be helpful if neither parties can agree to settle or if you have a disagreement with something that pertains to a legal issue but doesn’t rise to the seriousness of a lawsuit. Mediation is most common in small claim courts, housing courts, family courts, and some criminal court programs and neighborhood justice centers. Additionally, instead of being a structurally formal process, the mediator decides when and where the mediation takes place, who will be present, how the mediation process will be paid for and how the mediator will interact with the parties. There is no judge or jury and the parties don’t need a lawyer present if they choose not to utilize one. Therefore, unlike the formalities of the courtroom, the mediation process works around what is best for you and the opposing party.

What Are The Benefits Of Mediation?

The mediation process offers you a better opportunity to control the outcome of your dispute. This is because the mediator is trained to help you and the opposing party discuss your needs and differences regarding the issue. Therefore, unlike litigation where both parties want to win and make the other party suffer at all cost, the medication process will help you and the other party understand each other’s position and find an outcome that is suitable to both of your needs.

Additionally, the cost of medication is considerably lower than that of litigation. As previously mentioned, having a lawyer is not necessary throughout the process so that cost alone significantly decreases the cost of mediation. Subsequently, the process itself is considered more prompt and procedurally simple than formal litigation. Mediation is focused on the underlying circumstances that contributed to the dispute rather than on narrow legal issues.

Contact Us Today

Our legal team at the Bottaro Law Firm has years of experience in the mediation process. If you or a loved one has suffered a personal injury and would like to find out if you have a claim, call or text us at 401-777-7777 or fill out our online waiver.