Judges decide how disputes should be resolved.


Mediators guide the parties through a process
of designing

and reaching their own agreement.

Mediation provides disputing parties with a structured yet informal process. The typical mediation session lasts from one to two hours.

  The mediator works with the parties to encourage the
  opening of a dialogue, while providing guidance and
  helping define areas of agreement and disagreement. He
  or she does not impose a settlement, but rather
  attempts to reach a negotiated solution by having each
  party understand not only their own needs but those of
  the other party as well.

  The focus of mediation is to create a consensually
  written agreement that each party feels is fair,
  balanced, and realistic, and which accurately reflects
  the issues raised and addressed in the mediation.

Mediation strives for a “win-win” solution rather than one based on "winner-take-all." It operates from a position that the parties, as they meet, will realistically assess their own positions and cooperatively reach a solution.

What mediation is not.

Mediation is not litigation. It will not determine who is right or wrong.

Mediation is not counseling, but focuses on finding a workable solution to problems.

Mediation is a voluntary process and as such is neither adversarial nor coercive.

 
"To give a satisfactory decision as to the truth it is necessary
to be rather an arbitrator than a party to the dispute."  Aristotle

 


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