Have you heard the term mediation used in conversation or the news, or have you been referred to mediation by an attorney or the court and you’re wondering what is mediation? Wonder no more this article will help you understand exactly what is mediation.
Table of Contents
What Is Mediation, What Are The Benefits And What Role Does The Mediator Play
Let’s Take A Look At What Is Mediation
Often, people in conflict go to the court for a solution. The court process can be long, stressful, and expensive, with no guarantee of a favourable result. A judge makes all the decisions and someone wins, and someone loses and sometimes neither side gets what they want.
Mediation is an alternative way to resolve your conflict, and it gives you an opportunity to control the outcome.
In mediation, a neutral person, the mediator, meets with the people involved in the conflict. They are brought together to listen to each other and to find common goals. Each person has a chance to speak, to be heard, and to hear each other. The goal is for the parties to create their own solution to resolve the conflict.
Mediation can be used in a variety of situations. It can be part of a court process, or you can choose to mediate on your own.
Courts sometimes require people to go to mediation because it can help both sides find a solution that works for them, and it can also be faster than going to trial. If you reach an agreement, you may not need to go to trial.
During mediation, you cannot be forced to agree to anything, if no agreement is reached, you can still have the matter decided in court.
The Benefits of Mediation
Now that we’ve answered the question, what is mediation, let’s look at the benefits of mediation. There are many benefits to mediation. It lets your voice be heard. It also helps you understand the other person’s perspective and helps them understand yours.
You can express your needs openly and honestly. Through mediation, you will work together to find a solution to the conflict. In mediation, you are in control of both the process and the results. You choose what is agreeable.
You can end the mediation at any time but give the process a chance and keep an open mind. You might find a resolution that meets your needs and those of the other person.
If at the end of the process, you do not reach an agreement, you don’t lose your rights. You can still have the matter decided in court. Another benefit to consider is that mediation sessions are private. Unlike a trial, sessions are not open to the public and are not recorded.
While most mediation sessions occur in person, participants can meet with a mediator online through video conference. Also, keep in mind mediation can be less stressful, faster, and cheaper than having your case decided by a court.
While mediation is very effective at helping people to resolve their conflicts, it is not always appropriate for every situation. The court or mediation program staff can help you determine if mediation is appropriate for your case.
The Role of The Mediator
From what is mediation, to the benefits of mediation, lastly, to gain a complete understanding of mediation, we consider the role of the mediator.
The mediator is there to manage the process in an impartial way. They will help you talk about the issues, focus on what is important to you, and guide discussions so you can better understand the other person’s perspective.
They will also assist you in discussing difficult topics so that you and the other person can develop your own solution. Mediators will not tell you what to do. They will not take sides or make judgments about who is right and who is wrong.
Mediators do not recommend the terms of an agreement. That is up to you and the other person. They also will not push you into settling your case.
There is one more feature of mediation that is important to understand, mediation is confidential and protects your privacy. The mediator cannot discuss what happens except in very limited circumstances. What is said in a mediation session generally cannot be used in court. The mediator will talk to you about confidentiality and the exceptions at the start of the process.
We hope this article has answered the question: what is mediation? and that you have a better understanding of mediation, its many benefits and the role of the mediator.
You may also be interested in our article on How To Prepare And Participate In Mediation
If you have any other questions or need assistance with mediation, reach out to us, we’re here to help.
Article source: Maryland Courts
Peace is not the absence of conflict but the presence of creative alternatives for responding to conflict —
Dorothy Thompson