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Mediation has emerged as a progressively favored method of alternative dispute resolution (ADR). This non-binding process is facilitated by a neutral third-party mediator.
The mediator’s role is to assist parties in identifying underlying issues and fostering common ground to resolve these issues in a manner advantageous to all participants. Mediation may be voluntary or court-ordered, but in either scenario, the resolution requires mutual agreement from both participants. It is crucial to note that the mediator lacks the authority to impose a settlement that either participant opposes.
Knowing when to use mediation can be difficult. The bottom line is that the best time to use mediation is when there is a good chance of success with the process. Here are some key ingredients to a successful mediation:
The parties are required to approach the process with a sincere commitment to reasonableness and make every effort to achieve a successful resolution. Put differently, they must demonstrate a willingness to negotiate in “good faith.”
In mediation, both sides can express their views. Approach with an open mind, listen actively, and seek to understand the other side. This fosters an environment where identifying potential areas for compromise becomes more accessible.
Preparation is crucial before entering mediation. It involves gaining a comprehensive understanding of the issues to be discussed and forming some initial ideas on potential resolutions.
The mediator plays a crucial role in pinpointing key issues and guiding parties toward a peaceful resolution. It is imperative for parties to select a mediator with a profound understanding of the mediation process and a demonstrated track record of success.
