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. |
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"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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