What Is Mediation In The Legal World Part 1

Note This article contains some good general information. Keep in mind, every situation is unique a custom process will be used for your situation. Call us today for a FREE consultation.

What is Mediation?

Mediation is a method of alternative dispute resolution (ADR) aimed at settling a case before it goes to trial. During a mediation, the parties to the dispute come together to attempt to reach a deal. Mediation often utilizes a collaborative approach and encourages parties to work together during the process.

The mediation is led by a neutral third party who oversees the process, and attempts to ensure all of the parties involved are working together to resolve the dispute. The mediator has usually received training in negotiations, and often mediators have spent time practicing law prior to becoming a mediator.

How does the Mediation Process Work?

The mediation often begins with a general statement from the mediator about the goals of the mediation process. All of the parties will meet in one room (typically at the mediator’s office) and are free to ask questions before the mediation begins. That being said, the opposing side is not allowed to “question” the plaintiff and vice versa.

Next, each of the parties (or their legal representatives) is free to make an opening statement about what is important to them, or what issues they hope to resolve during the mediation process.

At this point, the mediation may continue as a joint mediation or the parties may separate into different rooms. Almost all the time, parties separate into different rooms.

During this process, the mediator can meet with the parties separately to help the parties reach a deal. The parties meet with the mediator individually to discuss the strengths and weaknesses of their case. They also discuss their ideas of settlement. The parties meet together to hash out their differences and participate in direct negotiation. This is rare in a personal injury and employment case.

Once separated, the mediation begins. If settlement discussions occurred prior to mediation, the party who did not make the last move begins. Otherwise, the plaintiff begins.

Generally speaking, the parties go back and forth with offers and demands until hopefully a settlement begins. We half-joke with our clients that we will start at eleventy billion dollars and the defense will start at $1 and will meet somewhere in the middle.

If the parties do not reach a settlement during their initial meeting, the parties are free to resume negotiation later. This negotiation can also occur over the phone.

In the event that the mediator believes that it is not possible for the parties to reach an agreement, the mediator may pull the plug on the mediation. Either party can also walk away from the mediation if they feel they will not be able to reach a settlement.

Originally Published on 12/16/16 at: www.warriorsforjustice.com/what-is-mediation/