At its heart, mediation is a guided discussion.  A mediator serves as a neutral party who helps people solve problems.  Mediation is an alternative to court and a way for parties to settle a conflict on their own terms.  A conflict does not have to be in court for mediation to be useful – mediation can be used to resolve claims before a lawsuit is ever filed.

In a mediation, the mediator most often begins by gathering the parties together and listens to both sides explain the conflict.  A mediator can then speak to each party individually, keeping all information confidential unless directed otherwise.  A mediator may ask questions or challenge a party’s perspective.  A mediator can assist the parties in understanding the law applicable to a claim and the potential strength and weaknesses in their positions.  The mediator strives to have all parties have a clear and accurate understanding of the conflict and its potential outcomes in court.

From there, the mediator works with the parties to express their interests and needs and to find common ground where they can and to reach a mutually-agreeable compromise where needed.  The goal of mediation is to empower parties to work collaboratively to reach an agreement that they create.  The mediator does not issue rulings but rather helps the parties reach an acceptable resolution on their own terms.

The process is generally voluntary, although there are times when a court will order parties in a lawsuit to mediate before going to trial.  Regardless of whether the process is court-ordered or not, the agreements reached in mediation are always voluntary.  A mediator does not issue rulings or tell anyone what to do; rather they offer a means for parties to reduce tension by communicating through the mediator, allowing people to communicate more effectively.  This process allows parties to reach their own solutions to problems as opposed to having a decision forced on them.

Mediation is confidential, non-binding until a signed agreement is reached, and is without prejudice, meaning things that parties say cannot be used in court.  Mediation is empowering because it allows the parties to decide how to resolve their conflict, not a judge or jury.  Mediation is cost effective and saves time as conflicts can be resolved in a day as opposed to the long court process.

Kate Swedlow is certified as a mediator and a member of Maryland Program for Mediator Excellence. Contact Swedlow Law to find out more about our mediation services.