Mediation is a form of alternative dispute resolution (ADR). It is a way of resolving disputes between two or more parties. A third party neutral, the mediator, assists the parties to understand the problem and generate a range of workable solutions. A mutually satisfying agreement is one of the possible outcomes. Mediation is an informal, voluntary and confidential process. It allows participants to influence the outcome of the conflict.
MEDIATION |
COURT |
| informal |
structured, formal |
| confidential |
information about court trials is public record |
| participants can find their own solutions |
judge makes decision for participants |
| cares about the relationship of the parties |
not interested in future of relationship of parties |
| can be scheduled faster |
can take months to get a court date |
| parties talk to each other and can be fully heard |
lawyers take over and parties don't talk |
| mediator cost is generally lower than attorneys fees (can even be free through volunteer court mediation programs) |
attorney fees and court costs can easily mount to thousands of dollars |
| mediation can solve problem faster than court proceedings |
court discovery can be lengthy and decisions can be appealed |
| parties can choose time and location that works for them |
court decides about time and location |
| empowers parties |
takes power away from parties |
| strives for balance of power |
party with better attorney or more financial resources may have more power |
| mutually made agreements are more likely to be followed through |
court-ordered decisions may leave all parties dissatisfied |
| parties can learn a new way to communicate through mediation |
court not a forum for communication between parties |
MEDIATION |
COUNSELING/THERAPY |
| focuses on the conflict at hand |
explores the relationship |
| focuses on the future |
looks at the past for understanding conflict |
| brings parties together |
may counsel one party only |
| focused on the issue/problem, not the parties |
looks at individual's personality |
| |
|