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Legal clients are often asked to mediate their disputes; in fact, many courts require parties to undergo mediation prior to trial. But just what is mediation?
Mediation is a confidential process whereby parties to a lawsuit are aided in settling their disputes by negotiating settlement terms via a mediator. A mediator is a neutral third party who facilitates settlement by pointing out the strengths and weaknesses of each party’s position or by helping the parties develop creative solutions. Typically, the parties first meet for a joint session. During this session, the attorneys summarize the parties’ positions, relying upon law and/or evidence as support. Then, the parties caucus in separate rooms while the mediator travels between the two rooms, attempting to broker a deal. The mediator does this by assessing the parties’ goals and needs and then steering them towards a resolution that will satisfy everyone.
If an agreement is reached, the parties usually commit key terms to writing at that time. Later, the attorneys draft a formal settlement agreement which the parties sign prior to dismissing any lawsuits. Even if the parties fail to settle at mediation, it is still a valuable process. Oftentimes the information gleaned from it will lead parties to settle at a later date.
To learn more about the mediation process, contact the employment law attorneys at Clouse Dunn Khoshbin LLP at info@cdklawyers.com.
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