WHO BENEFITS FROM MEDIATION?

In addition to people who simply cannot afford expensive litigation, mediation is also highly beneficial for those who will share responsibility or continue relationships after their dispute has been resolved:

• Divorcing couples
• Parents developing parenting/co-parenting plans
• Teens and their parents
• Elders, their families and caregivers
• Neighbors
• Congregation members
• Business partners
• Business owners and their customers
• Employees and employers/supervisors
• Work teams
• Band mates
• Landlords and tenants

Mediation is a process in which a neutral person or persons ("mediator")  facilitates communication between disputants to assist them in reaching a mutually acceptable agreement. The mediation process is generally voluntary and always confidential.

Although a court may order mediation under certain circumstances, all parties to a mediation must have the desire to achieve a mutually acceptable agreement. Until all parties stop focusing on winning (or making the other party lose) as their sole interest, a mutually agreeable resolution will never occur. This is a sad situation that will likely result expensive litigation, broken relationships, and no real winners; only losers.

The purpose of mediation is to develop win-win solutions to a conflict in a collaborative fashion, and avoid zero-sum litigation proceedings along with all the collateral damage resulting therein. This requires uncensored brainstorming and the freedom to express underlying interests without fear of legal repercussions. The only way to accomplish this essential element of the mediation process is to clearly define the process as a completely confidential setting, where no ideas or feelings expressed pose any potential for personal retribution or legal/financial damages in the future. Courts also recognize the importance of confidentiality to the success of mediation. As such, any information obtained during settlement negotiations (mediation) is deemed inadmissible.

By providing a confidential environment, a neutral mediator enables all parties to freely discuss their actual views on the underlying dispute. Better communication leads to resolutions that satisfy all parties.

The mediation process gets those in conflict to the root of their issue(s) enabling them to find true/longterm resolution for all parties.

In mediation, parties to a dispute have equal say in the process and determine their own terms of settlement. Unlike arbitrators, mediators help people agree to settle disputes on their own terms. Mediators do not write findings deciding who is wrong.

Some legal disputes must be resolved by the parties hiring lawyers and going through the litigation process; however, most legal disputes can be resolved when the parties reach an agreement about how the issue(s) should be resolved. 

Although courts provide necessary administrative and enforcement roles, resolving disputes in court is expensive, time consuming, burdensome and can be unpredictable. Judges make decisions based on legal technicalities, not necessarily what is best for all parties concerned. To make matters worse, you're stuck with the court's decision regardless of whether you agree. When the outcome a dispute is too important to leave up to the courts, mediation allows both parties keep control over crafting their own mutually acceptable agreement. A professional mediator can help put an agreement in writing that will be approved  and enforceable by the court.

For the sake of emotional and financial well being, enduring relationships, and long-term win-win solutions, it is wise to keep disputes out of court whenever possible by engaging in mediation sooner rather than later.