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Why Mediation? |
What is Mediation?Mediation is a well-established, cost-effective, fair, efficient, and confidential process for resolving disagreements. The Mediator, as an impartial third party, helps people in a dispute find a mutually acceptable resolution. Unlike a court proceeding, in mediation, the decision-making authority rests with the parties themselves. |
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How Does Mediation Work?
There are no fixed rules governing the process of mediation, but there are some common elements.
- Opening / Introduction - The mediator describes the process.
- Gathering Information - Mediators ask the parties to describe their view of the dispute and what they may want for a solution. The parties can express themselves in a safe environment.
- Identifying Issues - Mediators help the parties identify the main issues in dispute and understand each other’s interests and needs.
- Generating Solutions - Mediators encourage the parties to become problem solvers, look objectively at the issues, and identify and discuss possible solutions. At times, mediators may meet with the parties separately to further clarify the parties’ needs and assist with developing options for resolution.
- Agreement - The mediator will memorialize the parties' agreement. If represented by counsel, the parties are encouraged to have an attorney review the agreement prior to signing. If a court case is pending, the judge may enter the agreement as a court order.
Who is Qualified to Mediate?
Finding a mediator is not always easy, especially since some anyone can hold themself out as a mediator. IMA takes the guesswork out of your search. IMA only lists mediators who have attained the required training and experience to be recognized as a Certified Professional Mediator (CPM) and are members of IMA.
