Mediation

Mediation is a process by which parties meet with a trained, neutral person (the mediator) to isolate contested issues, develop options, and consider settlement alternatives in an effort to reach an agreement that best accommodates the needs and interests of the parties.  You might think of mediation as a process of supercharged negotiations. 

It differs from litigation and arbitration in a number of ways.  First, the parties are directly involved in the process.  No resolution can be made without mutual agreement, and the mediator doesn't have authority to make substantive decisions or to impose an outcome.

Second, the focus in mediation is not on the power or rights of the parties, but instead on the exploration and development of options that are not always available to either side through arbitration or litigation.  Last, there is a recognition in the mediation process that the optimal solution may not turn upon, or even be defined by, how the dispute might be resolved legally.

The advantages of mediation are numerous.  It is voluntary and you need not agree unless and until your needs are met; the process opens up lines of communication that are clogged by the formality and adversarial nature of litigation; you control the process, which eliminates the possibility of an unpredictable result; the process is private, confidential, informal, flexible, and user-friendly; you are more likely to comply with the terms of your negotiated settlement than with the decision of a third party; and there is usually greater satisfaction with the result.

Mediation is especially effective in situations where you want to establish an ongoing relationship with the other party and want a quick result, with matters resolved confidentially.