Mediation          

Mediation is a process in which a “neutral,” or mediator, facilitates settlement discussions between the parties. Practically speaking, mediation is a chance for the parties and their lawyers to explore, with the help of a trained and experienced professional, ways to resolve their dispute. The mediator will meet with each side and discuss the case and ways to resolve it and may meet with all parties together, or separately with the attorneys, depending on the case. The mediator will bring any offers of settlement to the other side and may make suggestions designed to bring the parties to a resolution. A mediator will never impose a resolution on the parties. Mediators may, however, explore the strengths and weaknesses of a case or position with the parties and lawyers. Called “reality testing,” this process seeks to focus the attention of the parties on resolution, rather than on conflict. Compared to continued and often protracted litigation, mediation provides a cost-effective means to resolve a dispute. Also, mediation affords the parties a chance to have a greater say in the ultimate outcome of their case.

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