Describe the mediation process. Who may be a mediator? Describe some of the benefits of the nonadversarial nature of mediation

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Answer 1

In the mediation process, the parties attempt to negotiate an agreement with the assistance of a neutral third party, a mediator. In mediation, the mediator talks with the parties separately as well as jointly. The mediator emphasizes points of agreement, helps the parties evaluate their positions, and proposes solutions. The mediator, however, does not make a binding decision on the matter being disputed. The parties may select a mediator on the basis of expertise in a particular field or a reputation for fairness and impartiality. The mediator need not be a lawyer. The mediator may be one person, such as a paralegal, an attorney, or a volunteer from the community, or a panel of mediators may be used. Usually, a mediator charges a fee, which can be split between the parties. Many state and federal courts now require that parties mediate their disputes before being allowed to resolve the disputes through trials. In this situation, the mediator may be appointed by the court. Mediation is not adversarial in nature, as are lawsuits. In litigation, the parties "do battle" with each other in the courtroom, while the judge is the neutral party. Because of its nonadversarial nature, the mediation process tends to reduce the hostility between the parties and may allow them to resume their former relationship. For this reason, mediation is often the preferred form of ADR for disputes involving business partners, employers and employees, family members, or other parties involved in long-term relationships.