Mediation Defined

Mediation is a process that encourages and supports communication between parties who are in dispute. The purpose of mediation is not  to judge guilt or innocence, but to help people in conflict get at the root of their own problems and to help them devise their own solutions.  The purpose of the mediation is to give the parties an opportunity to meet and try to resolve the situation in a protective setting. All mediations are confidential-no one may discuss or use comments in subsequent litigation- and private.  Mediations also protect people by providing a structured environment for interacting with the other side.

A mediator is a neutral third party who is trained to facilitate communication, help parties articulate their main points of disagreement and encourage them to devise their own resolutions. Neutral means someone who has not had any prior contact with the parties and has no vested interest in how the situation is resolved.

A mediator might try to strengthen communication between the parties, and thereby encourage negotiation or resolution, by asking questions about how the disagreement occurred, asking parties to clarify or repeat positions, help parties identify items for discussion, solicit parties' suggestions on ways to resolve the problem and help the parties draft an informal written agreement if resolution is achieved. The most important function of a mediator is to get the parties to listen to one another.