Mediation – Conciliation
What is mediation?
Mediation is a form of alternative dispute resolution (ADR) where an impartial third party, known as the mediator, assists disputing parties in reaching a mutually acceptable agreement. Unlike a judge or arbitrator, a mediator does not impose a decision but facilitates communication and negotiation between the parties to help them find a resolution on their own terms.
Why is mediation used?
Informality
Mediation provides a less formal setting compared to litigation or arbitration. Parties have more control over the process and can often express their concerns more openly.
Cost-Effectiveness:
Mediation is generally less expensive than going to court. It saves parties time and money by avoiding lengthy litigation processes, such as discovery, motions, and trials.
Confidentiality
Discussions during mediation are confidential, which means that anything said or offered during the process cannot typically be used against the parties in court if mediation fails to reach a resolution. This confidentiality encourages parties to speak freely and explore potential solutions.
Preservation of Relationships
Mediation allows parties to preserve relationships that may be important in the future, especially in ongoing business partnerships, family disputes, or community conflicts. The collaborative nature of mediation often leads to more amicable resolutions, reducing animosity and fostering future cooperation.