What Is Mediation? From Forbes Advisor

Mediation is a method of alternative dispute resolution (ADR). It is an alternative to resolving a claim through litigation, which involves using the court system and allowing a judge or jury to resolve a dispute.

Mediation can be useful in many different kinds of claims, including personal injury cases, breach of contract claims and divorce cases.

This guide to mediation explains what the process involves, when it is beneficial, the pros and cons and whether mediation could be helpful for your case.

What Is Mediation?

Mediation involves working with a trained mediator who helps to facilitate communication between parties involved in a legal dispute.

The purpose of mediation is to help the parties find a compromise so they can avoid going to court and asking a judge or a jury to decide their issues.

In many cases, mediation is voluntary. The parties involved in a civil case decide that they want to work with a mediator to try to settle their issues. Sometimes, however, a court will order the parties involved in litigation to go to mediation to try to resolve certain contested matters that have arisen during their legal proceedings.

When Is Mediation Used to Resolve Disputes?

Mediation can be used in a wide variety of legal cases. Some examples of situations where mediation may be used include:

• Divorce cases where the spouses want an uncontested divorce. To get one, they must resolve issues on their own related to child custody, division of property and spousal and child support. If they cannot compromise on their own, a mediator can help.
• Family law cases involving unmarried parents and child custody or child support can also be resolved through mediation.
• Personal injury claims where the parties want to negotiate a settlement but can’t agree on how much compensation is appropriate or what other legal remedies a defendant should provide to a plaintiff
• Breach of contract claims where the parties wish to come to an agreement on how to address a failure to fulfill a contractual agreement.
• Some criminal court programs or neighborhood justice programs

  Mediation tends to work best when all of the parties involved are committed to finding a resolution. Otherwise, even with the help of a mediator, it may be difficult or impossible for them to come to a consensus and determine together how their legal issues should be addressed.

How Does the Mediation Process Work?

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