Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Mediation is a powerful tool for resolving disputes without the expense, delay, and uncertainty of going to court. A neutral mediator helps both parties find a mutually acceptable solution, often achieving outcomes that litigation cannot. For more information on alternative dispute resolution, see the U.S. Courts ADR resource.
Success Rate: Mediation resolves disputes 70-80% of the time when both parties participate in good faith. It's typically faster and cheaper than court.
What Is Mediation?
Mediation is a voluntary dispute resolution process where:
- A neutral third party (mediator) facilitates discussion
- Parties control the outcome, not the mediator
- Everything discussed is confidential
- Settlement is voluntary - no one is forced to agree
- If successful, results in binding agreement
Mediation vs. Other Options
Mediation vs. Arbitration
- Mediation: Mediator helps parties reach agreement; parties decide outcome
- Arbitration: Arbitrator decides outcome; binding like court judgment
- Mediation is collaborative; arbitration is adversarial
Mediation vs. Litigation
- Cost: Mediation is much cheaper
- Time: Weeks vs. months or years
- Control: You decide in mediation; judge decides in court
- Privacy: Mediation is confidential; court is public
- Relationship: Mediation preserves relationships
When Mediation Works Best
Good Candidates
- Parties who want to resolve dispute quickly
- Ongoing relationships (neighbors, business partners)
- Both parties willing to negotiate
- Creative solutions might help
- Privacy is important
May Not Be Appropriate
- Power imbalance between parties
- History of abuse or harassment
- One party acting in bad faith
- Need for legal precedent
- Urgent injunctive relief needed
Know Your Rights: If your contract requires mediation before litigation, you may need to mediate first. Some courts also require mediation for certain cases.
Finding a Mediator
Sources
- Community mediation centers (often free or low-cost)
- Court-connected mediation programs
- Private mediation services
- Bar association referrals
- Industry-specific mediators
What to Look For
- Experience with your type of dispute
- Proper training and credentials
- No conflicts of interest
- Good reputation
- Affordable fees
Preparing for Mediation
Before the Session
- Gather all relevant documents
- Write out your version of events
- List your key concerns and interests
- Think about what you really want
- Consider acceptable compromise positions
- Prepare questions for the other party
Know Your BATNA
Best Alternative to Negotiated Agreement:
- What happens if mediation fails?
- How strong is your court case?
- What are the costs of litigation?
- This helps you evaluate offers
Documents to Bring
- Contracts and agreements
- Correspondence between parties
- Photos or evidence
- Financial records
- Timeline of events
The Mediation Process
Opening Session
- Mediator explains process and ground rules
- Each party makes opening statement
- Mediator summarizes issues
Joint Discussion
- Parties discuss issues together
- Mediator facilitates communication
- Identify areas of agreement/disagreement
Private Caucuses
- Mediator meets separately with each party
- Confidential discussions
- Explore options and interests
- Reality testing of positions
Negotiation
- Exchange of offers and counteroffers
- Mediator helps bridge gaps
- Brainstorming creative solutions
Agreement
- Terms put in writing
- Both parties sign
- Usually binding contract
- May be enforceable in court
Tips for Success
During Mediation
- Listen actively to the other side
- Stay calm and professional
- Focus on interests, not positions
- Be willing to compromise
- Ask questions to understand
- Be honest with the mediator
Avoid These Mistakes
- Being rigid or positional
- Making threats
- Attacking the other party personally
- Hiding important information
- Having unrealistic expectations
After Mediation
If You Reach Agreement
- Review written agreement carefully
- Understand all terms before signing
- Keep copy for your records
- Follow through on your commitments
If No Agreement
- Can still pursue other options
- What was discussed stays confidential
- May have narrowed issues
- Consider trying again later
Costs of Mediation
- Community programs: Free to low-cost
- Court-connected: Often free or sliding scale
- Private mediators: $100-$500+ per hour
- Costs usually split between parties
- Still much cheaper than litigation
Prepare for Mediation
A demand letter can start negotiations and prepare you for mediation.
Create Your Letter