Summary
Mediation, in a broad sense, comprises an act of bringing two sides or parties closer or together. Mediation consists of a process of alternative dispute resolution, or ADR in which a neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial, professional third party facilitates an agreement on any matter in the common interest of the parties involved.
Mediation, in a broad sense, comprises an act of bringing two sides or parties closer or together. Mediation consists of a process of alternative dispute resolution, or ADR in which a neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial, professional third party facilitates an agreement on any matter in the common interest of the parties involved.
Virtual Mediation - American Mediation
Our Process. Both mediation and non-binding arbitration are more "user friendly" than courts. We use both in our process. Mediation allows us to listen to your concerns. Non-binding arbitration allows us to focus on a proposed resolution. With both mediation and non-binding arbitration, you have no obligation whatsoever unless both sides agree. This process works best in a "virtual" environment, which is used for the debt resolution mediation process.
Our Process. Both mediation and non-binding arbitration are more "user friendly" than courts. We use both in our process. Mediation allows us to listen to your concerns. Non-binding arbitration allows us to focus on a proposed resolution. With both mediation and non-binding arbitration, you have no obligation whatsoever unless both sides agree. This process works best in a "virtual" environment, which is used for the debt resolution mediation process.
Our Role. We are a neutral party. We use both mediation and non-binding arbitration. To keep things simple, people most often just refer to us as mediators. Our mediator may or may not be an attorney. In either case, the mediator will work to seek a practical resolution and will not provide legal advice or opinions. If you want legal advice you are advised to consult with an attorney. Your attorney is welcome to participate in our process. We promise to listen to your concerns. We will then focus on a resolution to the dispute. We will not take sides. We are committed to staying neutral and helping both sides come to an acceptable resolution.
Your Commitment to the Process. You agree to work cooperatively with the mediator in good faith. You agree to provide reasonable information requested by the mediator to resolve your dispute. You agree to promptly notify us of changes in your contact information including mailing address, email address, phone number, or fax number.
No Personal Appearances. Many people find court appearances quite stressful and inconvenient with their work schedules. In our process, you do not have to appear in person. The entire process can be handled by phone, mail, fax, or email. Therefore, you can choose your own method and personal schedule.
Communication with the Other Side. You agree that, during the process, all communications to the other side will be through us. You authorize the other side to communicate with us about your legal dispute.
Confidentiality. It is important for you to know that in our process all of our records of your case are confidential. Also, everything you learn about the other side during our process is confidential. Both sides agree to not subpoena us or our records in any legal proceeding. Neither side may use any confidential information from our process later in court, should there be no resolution. These protections allow you to freely participate in our process, without worrying your information will be made public, or used in court.
Time Limits. This matter may have a pending court date. Therefore, you need to reasonably respond to our communications.
Termination. Either party may end the process by giving the mediator written notice. The mediator also may withdraw from the process if the mediator believes that either party is not participating in good faith, or that a resolution is not reasonably possible.
Final Resolution. No resolution is binding unless both sides agree to it. You are under no obligation to agree to anything.
Waiver of Claims Against Us. You agree that we shall not be liable for any act or omission in connection with your case.
Traditional Mediation
After completing all of the pre-mediation preparations, such as, briefs, payments, conference calls, setting a mediation date, etc. generally, the process will begin with an introduction in a group session. The mediator will get all the parties together in a conference room and will set some ground rules as well as have everyone sign a confidentiality agreement. (Mediation is a confidential process; this agreement will ensure your security.)
Thereafter the mediator will ask each party to tell their side of the story. It is common for the plaintiff to explain their position first. During the joint session it is imperative to allow each party to speak without interruption.
At times, if the parties require, or if the mediator feels that keeping the parties separate at all times may be more productive for negotiation. The parties will be seated in separate rooms and the mediator will meet with each party at a time; again, probably giving the first meeting time to the plaintiff side.
After the introductions and opening statements, the negotiation process will begin. The process usually consists of both, joined and private sessions, also known as caucus. During caucus the parties may address those issues that otherwise would not in a joined session as the mediator is not allowed to share the private conversations without the party's consent. (The mediator will explain more about that during introduction.)
Upon reaching an agreement the parties will sign the Memorandum of Understanding, a document depicting the negotiated terms, and the mediation will be over. If an agreements is not reached, the mediator may suggest another session or to continue negations via a telephone.
History of Mediation
The activity of mediation in itself appeared in very ancient times. Historians presume early cases in Phoenician commerce (but suppose its use in Babylon, too). The practice developed in Ancient Greece (which knew the non-marital mediator as a proxenetas), then in Roman civilization, (Roman law (starting from Justinian's Digest of 530 - 533) recognized mediation. The Romans called mediators by a variety of names, including internuncios, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally mediator.
The Middle Ages regarded mediation differently, sometimes forbidding the practice or restricting its use to centralized authorities. Some cultures regarded the mediator as a sacred figure, worthy of particular respect; and the role partly overlapped with that of traditional wise men.
People make use of mediation at all levels and in all contexts, from minor disputes to global peace talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions - where 'mediation' may in fact have a formal definition and in some venues may require specific licenses.
While some people loosely use the term 'mediation' to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education.
