Unlike a judge or an arbitrator, a mediator does not have the power to render a binding decision and the mediator does not hold formal hearings. Mediation is usually conducted through informal joint and separate meetings with the parties and their attorneys. A good mediator immediately goes about the task of reducing hostility, deflating extreme demands, and tries to facilitate candid discussion about the issues and the priorities of each party. Mediation facilitates meaningful dialogue and gives each party the opportunity to better understand the other party's views and real interest in the dispute. Once the parties better understand one another's respective positions and realize what is really important, then the mediator can assist the parties to explore alternatives, search for solutions, and structure a settlement rather than throw the parties into the litigation briar patch.
Civil lawsuits involving commercial and business disputes are awesome creatures.
Each phase presents its own set of issues. If each phase of the lawsuit is hotly contested, then the time and expense involved can indeed become astronomical and, in many cases, too onerous a burden for the small to medium business. Most trial lawyers have come to realize that they may actually be doing their client a disservice by either pulling the litigation trigger or by urging an all out defense to litigation brought against their client. Certainly, our Litigation Department encourages our clients to consider alternatives other than formal litigation in almost every situation. Mediation is first on the list of alternatives to consider.