Mediation services offer a non-binding alternative to litigation that can help individuals and businesses resolve disputes without the time, stress, and expense of a trial. During mediation, an impartial third-party helps people involved in a dispute define issues, explore solutions and reach practical, workable and mutually satisfactory agreements. The mediators who provide these services are community volunteers who have completed specialized training. Mediations are held in out-of-court settings and scheduled at the convenience of participants.

When choosing a mediator, look for one who is experienced in divorce and family law matters as well as commercial or business issues. Some mediators are also attorneys or therapists, and you may wish to ask them how much experience they have with these types of cases. In addition, it is important to find a mediator who has the ability to listen carefully and compassionately.

The process of finding a mediator can be frustrating and time consuming, but it is well worth the effort. Talk to friends, colleagues and other trusted professionals to see if they can recommend anyone in your area who has been through the mediation process. Often, these referrals can be invaluable.

A professional mediator will take the time to meet with both parties, get to know them and understand their needs. The mediator will help the parties to think about possible solutions and may assist in identifying underlying issues. They will discuss options, explain the legal implications of each option and facilitate a collaborative solution.

When a mediation agreement is reached, the mediator will prepare a document called a Memorandum of Understanding and/or an arbitration award and submit it to the court for approval. Often, the courts will assign a judge to review the mediation agreement for final approval. Once the agreement is approved, the mediator will notify all participants of the outcome and the terms of any court order.

The benefits of mediation are numerous. It is less expensive than a lawsuit, provides the opportunity for participants to create their own resolution rather than having it imposed by a judge or jury and can be confidential. Participants are invested in the resolution because they helped to fashion it, and the process teaches valuable skills for conflict management.

If you have an upcoming dispute that could be mediated, you may want to contact the mediator who was recommended to you or speak with your lawyer. You can also search the Statewide Mediator Directory, or speak with a member of the judiciary staff at the courthouse where your case is filed for further information. Free or reduced-fee mediation services are available at many courts and through local community-based organizations. The legal costs of proceeding to trial often far exceed the benefits of mediation.