Mediation
There are several ways to resolve disputes. Mediation is one such way.
Often, courts order parties to mediate their disputes. Mediation is a voluntary negotiation moderated by an independent individual not affiliated with either of the two disputing sides. Each side must agree to the resolution. The two disputing sides and the independent third party (the mediator) work to settle the dispute. The mediator oversees the two parties exchanging information, listens to both sides, and identifies a middle ground for the two sides. He or she may add his or her analysis but does not impose his or her views on the two parties. However, he or she usually aids the two parties in creating a mutually beneficial final resolution.
Once the parties have reached an agreement, the agreement is binding; courts will enforce agreements reached in a mediation. Mediation is used in a wide variety of matters and disputes – from domestic disputes to complex litigation. Both sides usually give or compromise in a mediation. Unlike a trial, the outcome of which is decided by a judge or jury, the two disputing sides and the mediator control the mediation process; they determine the time and location of the mediation, the attendees to be present during the mediation, and who will pay for the mediation. The two disputing parties then enter a settlement. Generally, neither side is completely satisfied with the outcome, but the parties compromise to resolve the dispute.
If you have questions about mediation, talk to a lawyer. For more information and to have your questions answered, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.