I’m representing myself in a small dispute and the opposing party wants to go to mediation. I’m not really sure what mediation is. Can you explain?

Mediation is a type of alternative dispute resolution that allows people to resolve a legal dispute without having to go to court. Mediation is an informal process that requires a mediator, a neutral third party who works with the parties to reach a negotiated resolution (the “settlement”).

In contrast to a judge, a mediator does not decide who is right or wrong, take sides, or make a decision. Instead, a good mediator helps the parties to jointly explore and reconcile their differences, allows each party to evaluate its goals and options, and tries to come up with a solution that (hopefully) works for everyone. Keep in mind that a mediator does not have authority to impose a settlement on the parties, and if a settlement is reached, neither side will have the power of the courts to enforce it. However, parties that do reach a settlement through mediation can make it legally binding by writing down the settlement terms in an enforceable contract.

There are numerous advantages to using mediation. For example, mediating your case can lead to a fast resolution of the dispute, which otherwise could take a long time to actually go to trial. Along those lines, a successful mediation can reduce expenses because the parties avoid an extended litigation period. Mediation is also an excellent way to resolve disputes between people that have some kind of continuing personal relationship (co-workers, neighbors, etc.), in part because it is intended to resolve not just the immediate problem but also the underlying tensions and issues that lead to the current dispute.

Aside from the cost and time needed to conduct the mediation, most parties are not any worse off for having tried the mediation even if it is unsuccessful. At the minimum, mediation is worth serious consideration. Read next week’s column to find out what to expect during the mediation.

This article appears in February 4 • 2005.

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