What is Mediation?
Mediation is the process by which a third party individual— a "mediator"— is hired to help foster settlement discussions between two opposing parties.
What's the Difference Between a Mediator and Settlement Counsel?
Unlike an attorney that represents a single party, a mediator is neutral, and their job is to help the parties come to a peaceful resolution.
Is Mediation Mandatory?
No. Mediation is a voluntary process whereby the parties seek to avoid the unnecessary cost of litigation by engaging in discussions with the help of an outside intermediary.
Is Mediation Always Successful?
While most mediators will advertise success rates, the secret is that, most of the time, mediation only works when and if both parties want it to work. When they do, it is the parties themselves that drive the process, not the mediator.
However, the goal of mediation is not to end the case and pass judgment (that's a judge or jury's job). The goal is to get both sides really listening to one another, and to face the realities of what could come next if they fail to resolve their matter. In that case, one way or another, mediation is always successful.