Alternative Dispute Resolution, of which mediation is but one form, has exploded onto the judicial scene in the last ten years as a way to assist an overburdened court system. A mediator is a neutral person who helps people in conflict resolve issues and find solutions. Most people first come into contact with mediation as a result of being involved in a lawsuit or a divorce action. Mediation is encouraged by American court systems.
Most States Require Mediators to Be Registered to Assist with Court Cases
While any person can call themselves a mediator or work to mediate disagreements between people, professional mediators have specialized training that allows them to facilitate peaceful problem solving amidst tense situations.
Most mediators who work within the judicial system are certified or registered. The certification process varies from state to state, but it generally involves a number of hours of coursework as well as a practicum.
Mediation is a Preferable Alternative to Litigation
Mediation is an excellent alternative to litigation for many reasons. Mediators charge less than attorneys do. Additionally, mediation is a quick process, while litigation is usually protracted. Consumers who use mediators in place of taking a case to trial with an attorney will always save money.
Mediation allows people to make their own informed decisions about their lives and their issues. This is almost always preferential to allowing a judge or a jury to make a decision for them.
Mediation Appropriate for Many Types of Cases
Mediation can be used in all sorts of cases from landlord-tenant issues to contract disputes to employment matters. As mediation is less combative than legal action, it can be particularly helpful to parties who will need to continue to have a relationship with each other after the conflict is resolved. For this reason, divorce is one of the most common areas where mediation is used extensively.
A Mediator Does Not Make a Decision
People new to mediation often mistake the role of a mediator. A mediator does not act like an attorney or represent either party in any way. A mediator does not make a decision about any given case. Making a decision is up to the people involved in the dispute.
A mediator cannot force the parties to do anything. A mediator is simply a facilitator who moves between the parties to help them come to their own agreements.
Mediation is not right for every matter, but for the many cases it is a well-tested tool that can be used to achieve positive results.
Sources:
American Arbitration Association
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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