WHY MEDIATE?
Parties in a dispute are better served when their dispute is resolved quickly, and when possible, on terms they dictate and control. Alternative dispute resolution — mediation, arbitration, and early neutral evaluation -- minimizes the money, time and emotional stress associated with resolving a dispute. Given the fact that most litigation ultimately is settled, logic and economics dictate that the parties should try to settle cases quickly rather than suffer through the long and often costly slog of litigation. Unfortunately, very often logic and economics do not dictate the conduct of the parties in a dispute. In such situations, a mediator’s or neutral evaluator’s skills, knowledge and talent can be used to efficiently bring the parties to a compromise outcome that is satisfactory to both sides.
In mediation, the parties control how and on what terms their dispute is settled. The mediator’s job is to help the parties find those terms by actively listening and patiently assisting them toward their goals. The mediator must move beyond the parties' negotiating positions, learn what the parties’ real interests are, and integrate those interests into the settlement process. The mediator facilitates the interaction between the parties, assists the parties in evaluating the pros and cons of their cases, and, in appropriate circumstances, provides his own views on issues.
In mediation, the parties control how and on what terms their dispute is settled. The mediator’s job is to help the parties find those terms by actively listening and patiently assisting them toward their goals. The mediator must move beyond the parties' negotiating positions, learn what the parties’ real interests are, and integrate those interests into the settlement process. The mediator facilitates the interaction between the parties, assists the parties in evaluating the pros and cons of their cases, and, in appropriate circumstances, provides his own views on issues.