McKeown has been a mediator and arbitrator, an adjunct professor at Westminster College, and chaired the Education Subcommittee of the Alternate Dispute Resolution Committee of the Utah State Bar. While the courts have used this process, it is a new concept to the Tax Commission. Here are a few concepts that control or define the mediation process. Mediation is a process in which a neutral third party, called a mediator, helps parties in dispute work together toward a mutually acceptable resolution of their problem. Mediation is usually voluntary, although occasionally the parties may have signed a pre-dispute mediation agreement which requires them to submit their dispute to mediation.
Mediation is always non-binding.
The mediator has no authority to impose a binding result on the parties. Meditation typically consists of informal joint and separate meetings with the mediator in which the mediator helps the parties move toward settlement, if they choose to do so. The parties retain control over the mediation process as well as over the result of the mediation sessions. If the parties do not reach a mutually acceptable agreement, they ar free to pursue other resolution processes, such as litigation. Most mediated disputes settle, either during the mediation process or shortly thereafter.