As you read this, try to think of mediation as an opportunity to resolve your dispute in a way that is acceptable to you while at the same time avoiding protracted litigation and a trial. Cases do not always settle and some cases must be tried in court. But, when mediation is successful, it can save time and reduce stress. Not long ago, individuals involved in lawsuits found their cases dragging on without resolution or even settlement discussions. Once a lawsuit was filed, little attention was paid to its settlement until much time, energy and money were consumed and trial was imminent.
Mediation is different from other forms of dispute resolution.
It is not a hearing designed to determine who wins or who loses. Rather, it is a facilitated conference during which parties search for mutually agreeable solutions. Although mediation is less formal than a trial or hearing, it is still a legal proceeding guided by rules. The mediator will begin the conference by meeting with you, your opponent, and the attorneys involved in your case. The mediator will explain the ground rules for the discussions and will probably ask the attorneys to describe the case from their respective points of view.