Mediation is a method of alternative dispute resolution (ADR). It is an alternative to resolving a claim through litigation, which involves using the court system and allowing a judge or jury to resolve a dispute.
Mediation can be useful in many different kinds of claims, including personal injury cases, breach of contract claims and insurance cases.
Mediation involves working with a trained mediator who helps to facilitate communication between parties involved in a legal dispute.
The purpose of mediation is to help the parties find a compromise so they can avoid going to court and asking a judge or a jury to decide their issues.
The mediation process is different in every situation and for each different type of case because the process is personalized to the parties involved.
A trained mediator always guides the mediation and is usually paid by the parties involved in the legal dispute. Mediators usually charge an hourly rate.
Unlike a judge or jury, their goal is not to make decisions for the parties, and they cannot issue binding orders affecting those involved in the mediation process.
Instead, the goal of the mediator is to guide a discussion between the parties. The mediator leads in the exchange of information and helps the parties through an effective bargaining process.
The mediator’s expertise is used to enable the parties to communicate more effectively, to frame and reframe issues so they can be more easily decided, to identify creative solutions to complex problems and to help those involved in the case set realistic expectations and find common ground.
Mediators do not make decisions for you, and they can’t force you to compromise when you are involved in the mediation process. However, they are trained to be effective at assisting you in identifying out-of-court resolutions that will work for you.
Brian F. Blackwell is a mediator who was trained by Bobby M. Harges who is a Professor at the Loyola University School of Law. Mr. Blackwell's training involved 40 hours of training in the mediation process and providing mediation services.
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