What Is Mediation?

What Is Mediation?

Mediation is used to settle disputes. When two parties are unable to settle a dispute, they will often use mediation in order to reach an agreement. When two parties agree to use mediation, a neutral third party will work with the two parties in dispute in order to develop a settlement agreement. The neutral third party is known as the mediator.

What Is a Mediator?

A Mediator is a neutral third party who is selected by parties in dispute to help settle a dispute. Both parties mutually select the Mediator. A Mediator does not need to be a lawyer, but is often an expert in the field in which the parties are claiming a dispute.

What Is a Mediation Hearing?

Once parties in dispute agree on mediation, they select a mediator. The mediator will then conduct a mediation hearing. During a hearing, both parties may be brought together in order to work on an agreement or a mediator may use shuttle diplomacy. Shuttle diplomacy is a technique used by a mediator where s/he goes back and forth between parties with proposals in order to reach an agreement. If an agreement is made, the parties will sign a settlement agreement. Click here to view an example of an agreement to mediate.

What Is a Settlement Agreement?

As a result of mediation the parties may decide to resolve their dispute. The terms of agreement are listed in a settlement agreement and the written agreement is signed by the parties in dispute. Typically, the mediator facilitates the agreement but does not sign the agreement. Click here to view an example of a mediation agreement.



Page last modified August 17, 2018