Mediation is an informal process where a neutral third-party (referred to as a Mediator) assists the parties in reaching a mutually acceptable resolution of the dispute and achieving a binding settlement. The mediator’s role is to assist the parties to explore issues, needs and settlement options.
When do you need a mediator?
- When facts and law are not clear
- When you seek a private, informal setting
- When you seek a timely resolution
- When you desire to maintain a relationship with the other party
- When you desire to retain control of the outcome rather than a judicially imposed result
- When you need a substantive expert to serve as a mediator
- When you do not need binding precedent
Statistics show that 85% of employment and commercial disputes conclude in mutually agreed to settlements. The advantage of mediation over litigation is privacy, informality, reduced legal cost, control of outcome, and creativity of settlement terms.