In an effort to help you understand better what mediation is and how it works, I’ve prepared the following FAQs. If you have any questions at all, please don’t hesitate to get in touch.

What is mediation?

Mediation is a voluntary and confidential process for resolving disputes with the assistance of a neutral third party, a mediator.

A collaborative process, mediation enables parties in conflict to work together to overcome differences and create mutually acceptable solutions. Mediation puts decision making in the hands of those most directly involved.

The mediator does not act as a judge or provide legal advice but instead serves as a neutral facilitator to ensure that the parties are able to have a productive conversation. The mediator helps people clarify the issues, address barriers to agreement, problem-solve differences, and negotiate a resolution that works for all.

What benefits does mediation offer?

Privacy. Communications made during a mediation are privileged and confidential.

Choice. Mediation is fully voluntary. All the parties participate because they have chosen to.

Convenience. Mediation sessions can be set up to meet the schedules and needs of the parties.

Informality. Unlike court, mediation has no formal rules or procedures. It is an informal and flexible process.

Control. The mediator does not impose decisions on the parties. Instead, all decision making remains in the hands of the parties themselves.

Affordability. Mediation reduces the costs of conflict by helping individuals resolve disputes quickly and move forward with their lives.

Collaboration. Mediation can help people improve both relationships and communication.

What kind of disputes can mediation be used for?

Mediation has been used successfully in many kinds of disputes.   These include but are by no means limited to those that involve:

• Divorce and separation
• Family and family business
• Decisions involving elders
• Estate planning and probate issues
• Real estate
• Condominium and homeowners associations
• Community and neighborhood
• Non-profit organizations
• Churches, synagogues, and other religious organizations
• Personal injury and insurance
• Commercial disputes
• Business and workplace
• Employment discrimination

What is the difference between mediation and arbitration?

Both arbitration and mediation are forms of alternative dispute resolution–alternatives to litigation. Arbitration and mediation differ from each other in several ways.

In arbitration, the parties place decision-making authority in the hands of a third person, the arbitrator.  The arbitrator hears evidence and renders a decision for the parties by applying the law to the facts presented during the hearing, much as a judge would in court.

In mediation, the mediator helps people discuss issues productively and decide for themselves what options would best meet their needs. Mediation’s focus is on the interests of the parties–their concerns, needs, and short-term and long-term goals.  It helps the people directly involved work together to reach an agreement that meets the interests of all at the table.

Arbitration and mediation each offer different benefits. Choosing one versus another depends upon the issues involved, the nature of the dispute, the needs of the parties, and the extent to which people want to retain control over decision making.