Mediation is a process in which a neutral third person assists disputing parties in reaching a mutually acceptable agreement. Mediation is a confidential negotiation involving a neutral who is not a decision maker. Each party decides how to proceed.
Ms. Sanford teaches a course for attorneys called “How to Have an Effective Mediation” which discusses how mediation is a process that the parties’ control and that the case settles only if all the parties agree to acceptable terms. As such, mediation allows the parties to control the outcome of their dispute on their own terms.
Mediation is non-binding and the confidentiality of mediation communications allows parties to speak freely which helps resolve disputes. Mediation is a highly successful alternative dispute resolution tool to resolve a dispute.
Mediation is also significantly less costly than other forms of dispute resolution. Fees are determined ahead of time and are better understood by all involved.
It should be noted that during mediation proceedings, the parties do not need to see each other face to face which is significantly different than court.