What is mediation?

Mediation is an informal process in which two or more parties meet with a neutral third party, a mediator, who helps them to discuss issues and find out if they can resolve a conflict. The neutral does not render a decision or otherwise determine the outcome of a dispute. Rather, the parties themselves retain control over the outcome. The parties also decide whether to offer or accept any proposals and how to conduct negotiations, if desired.

Some of the most significant elements of mediation are:

Confidentiality - Mediation processes are almost always designed to be private and confidential. Many states have enacted laws to protect the confidentiality of mediation, and court rules or rules of evidence also include protection of confidentiality. The scope of protection frequently includes statements made in mediation or in arranging a mediation session, conduct or behavior in mediation and other information that is disclosed in connection with or incidental to mediation.

Neutrality - The mediator is neutral and impartial. The mediator does not favor any side but helps all disputants to formulate and state their positions, explore their feelings and motivations and participate in negotiations. The mediator should be even-handed and free from bias in all course of dealing with the disputants and their representatives.

Self-Determination - Control over the outcome and ultimate control of the mediation process rests with the disputing parties.

Voluntariness - Any resolution of a dispute is completely voluntary. Even if attendance at a mediation may be mandatory, the parties are not required to settle the dispute, and they can terminate the process before settlement. If they do choose to resolve the dispute, the terms of the settlement are also voluntary.