What is mediation?Mediation principles graphic

Mediation is likely the best-known ADR procedure and accommodates many types of disputes. In a mediation, an impartial person called the mediator assists with communications between the parties to promote reconciliation, settlement, or understanding among them. The mediator has no independent authority to impose a settlement. The parties may have attorneys with them or may choose to participate without attorneys. If the parties reach an agreement, that agreement is a binding contract.

When might mediation be appropriate?

Parties to a dispute usually start considering mediation when direct negotiations have broken down. When parties can no longer effectively communicate, turning to a mediator will enhance their chances of successfully resolving their dispute. In some circumstances, mediation is part of an ADR system, such as when parties are referred to mediation by a clause in a contract, a workplace policy, or a judge.

Key Principles

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Suggested Reading

Many books are available on mediation – below are a few recommendations: