As an alternative to litigation, mediation is a process where you and the other Party(ies) meet with a neutral third party (a mediator) to resolve your dispute. It is not a judge who makes the decision(s).
You decide how to settle your case and can reach a voluntary mutually beneficial resolution. It is quicker and less expensive than a court trial. It is confidential. It preserves and restores relationships that might be harmed by the adversarial nature of a trial. It focuses on the future of your relationship instead of analyzing the past conduct. It is more likely to result in an amicable settlement.
Mediation involves the parties discussing their concerns and needs in a private setting. The mediator listens to the issues and helps both Parties design a solution that will satisfy their interests. The Parties may choose to negotiate in a joint session, or they can caucus privately with the mediator and their lawyers if both parties want to do so. The mediator will help the Parties evaluate options for a resolution, including the financial cost and terms.
The mediation usually ends in one of three ways: 1) you reach a settlement agreement and your lawyer puts the main provisions of the agreement in writing for you to sign; 2) the mediator declares an impasse as to some or all of the issues – you cannot agree on what a fair and reasonable settlement is; or 3) you decide to end the mediation and take your dispute back to court. mediation process