Disputes often arise out of communication problems or sheer complexity.
The traditional grievance and complaint models sometimes exacerbate disputes, unnecessarily solidify positions, and can result in protracted and costly litigation. Mediation is a process in which a trained neutral third party assists in resolving a dispute, or at least narrowing and clarifying issues, in a manner that is acceptable to both sides. Mediation is different from traditional litigation in that it is informal, rules of evidence do not apply, testimony is not taken, and the mediator does not decide the dispute. It is also different from traditional negotiations in that a third party facilitates the discussions, sometimes with both disputants together and sometimes with each side privately. The mediator, in effect, creates a new forum where the disputants can candidly discuss their cases.