
Mediation is:
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Mediation is a series of conversations that are intended to help people come to a resolution of conflicts. It is a structured, interactive process where an impartial/neutral third-party assists people in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a process that it is focused upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution through compromise. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms while refraining from providing prescriptive advice to the parties.
Mediation allows and enables the parties to determine what will work best for their needs in an atmosphere that is less formal than a courtroom, as well as being more economical. Mediations can be held with attorneys present or without attorneys (pro se). The mediator is not able to give legal counsel, however, can help parties navigate the applicable laws by providing information as well as the opportunity to seek information on their own.
Any decisions made in mediation are not legally binding unless the parties agree in writing. Depending upon the outcome, it will be discussed in mediation how the papers will be drawn up as well as filed with the appropriate court.