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The Mediation Process

What is Mediation?
In mediation, a neutral mediator assists those involved in a dispute to jointly explore and attempt to settle their difference.

How does it work?
 

The mediator:

is jointly selected.
holds joint and separate sessions with both sides.
focuses parties on common interests and steers them away from personality disputes.
points out weaknesses in each party's case.
narrows issues.
facilitates trade-offs.
allows parties to "vent."
saves parties "face."
recommends a resolution.

  Advantages:
Parties fashion their own settlement voluntarily without dictation by a judge or arbitrator.
Parties learn how to resolve their own disputes.

  Disadvantages:
Mediation may not result in resolution if the parties fail to settle.
A lawsuit may proceed unless the parties reach a settlement agreement waiving future legal claims related to the issue in dispute
*Mediation may expose positions and evidence that will be used by the other side at trial if settlement is not reached.