WHAT IS MEDIATION?

There are many definitions of mediation. Here is one that I prefer.

Mediation is a voluntary process by which the parties to a dispute meet to see whether there are solutions that are preferable to the current situation. By talking with a neutral mediator, the parties work to resolve or improve the situation .

HOW IS MEDIATION DIFFERENT FROM ARBITRATION?

In arbitration the parties talk to an arbitrator, who functions as a mini-judge and issues a decision that the parties must follow. In mediation the parties speak to each other and to the mediator, and any solution that develops is theirs. Unless they agree, there is no resolution.

WHY DOES MEDIATION WORK?

Mediation has a high success rate. It often works after other methods of resolution have failed, even when the parties are very angry, committed to their positions and negative toward each other. It is part of the mediator's job to help parties find their bottom-line needs/wants, which frequently differ from what they say they want; to assist each party to understand the other's position and to create innovative solutions to the problems. In a surprisingly high number of cases, mediation can help resolve what seems to be an intractable conflict.

MY ROLE AS A MEDIATOR

My job is to help people in a serious conflict reach an outcome that makes sense for both of them. I listen to the parties, together and separately, if needed, and I ask questions. I don't judge the matter or make a decision (as would an arbitrator). In most cases the parties to a mediation reach a resolution that they can live with.