The mediator does not offer opinions, pass judgment, or render legally binding decisions. The mediator's only function is to help parties identify their differences and reach agreement on how to resolve them. When the disputing parities have agreed on a mutually acceptable solution, they sign a written agreement which outlines the terms of the settlement. If the parities cannot reach a agreement, they are free to arbitrate or litigate their dispute as if the mediation never took place. In addition to being easier, faster and less expense than traditional litigation, mediation in non-adversarial.
Decisions rendered by an arbitrator or judge usually involve a winning party and a losing party.
In mediation, there are no losing parities because the parties have been part of the process and have together agreed on the terms of the settlement. Of the Berkshire Regional Housing Authority. All rights reserved.