Congress passed the Administrative Dispute Resolution and Negotiated Rulemaking Acts of 1990 and 1996 to encourage all federal agencies to use ADR not only within agencies but with contractors and the general public. The Indiana Supreme Court has supported the use of ADR, and adopted rules for registering mediators in the state who help resolve civil and domestic disputes in state courts. The Indiana General Assembly passed legislation to authorize state agencies to use mediation to resolve disputes. Mediation is a process in which the parties use a third party neutral to assist them in negotiating a mutually agreed to resolution of their dispute. The neutral must have no personal interest or stake in the dispute, and has no power to decide the dispute or impose an outcome on the parties.
Mediation is assisted-negotiation.
The neutral is scrupulously careful to express no opinion on the merits of the case, and may not advise the parties what to do. The neutral makes every effort possible to give the parties control over the process and outcome of mediation. This form of mediation is also common in labor relations and collective bargaining. If you reach a mutually agreed to resolution through mediation, it usually takes the form of a written settlement agreement containing an exchange of promises, for example one party agrees to pay or do something and in exchange the other party drops the complaint or lawsuit. This settlement usually takes the form of a contract, which, if violated, can be take to court and enforced.