Mediation is a form of alternative dispute resolution (ADR) used to help parties resolve conflicts without going to trial. It’s a voluntary and confidential process where a neutral third party, called a mediator, helps the parties communicate, understand each other’s perspectives, and work toward a mutually acceptable agreement.
Everything said in mediation is confidential and can’t be used in court if the case goes to trial, with a few exceptions (like threats of violence or reports of abuse).
4. Informal and Flexible:
Mediation is usually quicker and cheaper than litigation.
6. Legally Binding if Agreed:
Key Features of Mediation
1. Voluntary or Court-Ordered:
1. Voluntary or Court-Ordered:
- Mediation can be entered voluntarily by the parties or may be ordered by the court.
- Mediation can take place either before a lawsuit is filed (pre-suit) or during ongoing litigation. Many choose pre-suit mediation as a way to resolve disputes early and avoid the escalating legal fees and court costs that can quickly take over a case.
- Even if court-ordered, parties are not required to reach an agreement—just to participate in good faith.
2. Neutral Mediator:
- The mediator does not take sides, give legal advice, or make decisions.
- Their role is to facilitate communication, identify issues, and explore options.
Everything said in mediation is confidential and can’t be used in court if the case goes to trial, with a few exceptions (like threats of violence or reports of abuse).
4. Informal and Flexible:
- Mediation is far less formal than court and can be tailored to the needs of the parties.
- It allows for creative solutions that a judge may not be able to impose.
Mediation is usually quicker and cheaper than litigation.
6. Legally Binding if Agreed:
- If the parties reach an agreement, it’s usually written down and signed.
- Once signed, it becomes legally binding.