FAQs

A system in which a neutral third party (mediator) facilitates a voluntary negotiation process between the parties or litigants.  The mediator assists the parties in reaching a mutually satisfactory agreement, but does not make any decisions regarding the settlement. Unlike a judge or arbitrator, the mediator has no authority to render a decision or force either party to accept a settlement.  Yet, the training and ability of a professional mediator can help achieve a final settlement which would not otherwise be possible.

Accomplished mediators are able to focus on the real concerns of the parties and not merely one person’s view or position. The role of the mediator is to help the parties:

• Determine whether mediation is appropriate
• Assess the capacity of the parties to negotiate their interests effectively
• Design the mediation process
• Guide the setting of agreed-upon ground rules
• Conduct the mediation process impartially

During mediation, parties are encouraged to discuss their concerns, interests, issues and options in order to contribute to elements of settlement and settlement implementation. A good mediator helps the parties manage their emotions and maintain dignity throughout the entire process. It is not the role of the mediator to serve as an expert on the specific matters in dispute or to propose a settlement. However, a mediator can prove useful to the parties in identifying areas they may wish to explore in crafting settlement options. The parties retain ownership and control of their issues and of the responsibility for resolving them.