Mediation Services

Mediation services allow a neutral third party to help people in conflict communicate, understand each other and reach a mutually satisfactory resolution. The process is confidential and voluntary. Conflicts can occur in a variety of settings, such as families, neighbors, co-workers and businesses. Mediation can save time and money compared to litigation, which often lasts months or years. It also allows participants to customize a solution that meets their needs.

Conflicts can often escalate because a lack of communication and understanding leads to miscommunication, arguments and hostility. A skilled mediator will provide a safe and respectful setting for honest, open and productive discussions. In most cases, mediation is an informal process that can be completed in a short period of time. Mediation can also provide an opportunity for participants to develop a positive framework for future interactions that may prevent conflicts from occurring in the future.

In addition to saving time and money, mediation can also reduce stress and improve relationships. Conflicts that are not resolved through alternative dispute resolution (ADR) can result in litigation, which takes more time, costs more money and may damage the relationship between the parties. In addition, mediation is a less adversarial and more cooperative process than lawsuits, which can be emotionally taxing for the parties.

While mediation is an excellent option for many situations, there are instances where it is not appropriate. For example, if one of the parties is unwilling to be honest or cannot participate without an attorney present, mediation may not be a good fit. In such cases, it would be best to consult an experienced attorney to determine if court action is required.

Choosing a Mediator

The best way to find a mediator is to ask for recommendations from colleagues and friends who have gone through the mediation process. If possible, it is helpful to interview a mediator before making a choice. This will give you the opportunity to learn about how a mediator works and what his or her style is. For example, some mediators are more straightforward and others are more passive. It is important to choose a mediator who will work well with you.

During the mediation session, the mediator will listen to the issues described by both parties and direct the discussions toward a mutually acceptable resolution. The mediator will also help the parties prepare a written agreement if they want to do so. The mediator will keep all discussions and negotiations confidential, except where disclosure is necessary in order to protect the health, safety and welfare of the participants or is otherwise permitted by law.

If you have questions about mediation or other ADR options, contact the lawyer who is representing you or your family in your case for a referral to an experienced mediator. A list of mediators can be found in the Statewide Mediator Directory or at your local courthouse. Free or reduced-fee mediation is available at most installation Legal Assistance Offices.