What is mediation?

Mediation is best described as a process in which a neutral third party assists disputing parties in reaching a mutually agreeable solution. This process is often informal and collaborative, emphasizing open communication and problem-solving. The role of the mediator is to facilitate discussion and help both parties explore their interests and find a common ground, without imposing a decision or judgment.

This approach differentiates mediation from other legal processes. For instance, determining guilt in criminal cases involves a formal court system where a judge or jury makes a ruling based on evidence, which is distinct from the informal and voluntary nature of mediation. Similarly, enforcing contracts in court requires legal action and judicial intervention, whereas mediation is a proactive, often more amicable way to resolve disputes outside of court. Lastly, while mediation can certainly be used in the context of business negotiations, it is broader than just negotiating financial agreements, encompassing various types of disputes across multiple sectors. By focusing on mutual agreement, mediation allows parties to maintain relationships and potentially reach solutions that are acceptable to all involved.