What is Mediation

In NEGOTIATION, the parties may lack a skilled neutral leader to guide the parties to a mutually beneficial end-result. There is no neutral person to insist upon full disclosure, good faith, equality of bargaining power, and a complete and open resolution of the matter.

In CONCILIATION there is a skilled neutral person guiding the process, but the criteria applied is toward the reunification of the parties and their interests.

In MEDIATION the parties utilize the skills and experience of a neutral person to lead the parties toward a resolution that is independent for each of the parties. The parties retain the greatest say in the outcome; and no outcome is reached unless it is by the consent of all parties.

In ARBITRATION, many of the same principles as mediation are applied, but the decision resolving the matter is made by a third party, rather than those who best know the facts, history, and feelings relevant to the outcome. The arbitrator has no stake in the outcome, and may not see the parties again, even if the resolution is unclear, incomplete or unenforceable.

In LITIGATION, the full umbrella of due process rights and procedures designed to protect those accused of crime is applied to a matter that, whether civil, family or probate in nature, requires fewer formalities and civil liberties are not at risk. The panoply of rights and rules comes at a great cost: full preparation is expected of counsel, even on tangential points; the court exercises full and complete control of the timing, sequence and presentation of the evidence; and the fact finder is insulated from much of the information that the parties deem germane. The insulation is increased by the prohibition of direct communication between the parties, who are the stakeholders, and the decision-maker. Further, even the most responsible judges are protected from any adverse consequences of their decision as their decisions are unlikely to be reversed, and they, in all probability, are unlikely even to see the parties again. For a more complete comparison of the attributes of mediation and litigation, see the webpage chart: Mediation vs. Litigation.