Fortunately there are other methods available for resolving civil, family, interpersonal and community disputes. Naturally, the best alternative to a lawsuit is negotiation. Each of us negotiates everyday, whether we negotiate the terms of a business contract, haggle over the lunch tab, or decide which movie we will see. When a dispute arises, direct negotiations between parties more often than not leads to a resolution. Mediation Mediation is a process through which the parties to the dispute engage a third party to assist them in coming to a mutual resolution.
Mediation improves stalled negotiations because it is assisted and guided by the mediator.
The mediator s duty and expertise lies in assisting the parties in exploring the range of settlement options and coming to a mutually acceptable outcome. The mediator cannot compel either party to resolve the dispute in any given way, because the parties retain absolute control over the outcome. Mediators meet jointly and privately with all parties in order to gain a thorough understanding of the parties needs and interests. Because the process is confidential, parties are able to test their perception of the facts and the law with the assistance of an unbiased third party. Even in those cases where resolution is not achieved, mediation is still beneficial because it serves to streamline the issues in dispute.