Mediation Best Practices: The Nuts and Bolts

Speaker:

Lisa Courtney

Director, Division of ADR

New York State Unified Court System

Mediation is a process used to resolve disputes with the help of a neutral third party, known as a mediator. Overall, mediation emphasizes collaboration and communication, aiming for a win-win outcome for all involved. Here are the basics you will be learning about:

1. **Purpose**: Mediation aims to help parties reach a mutually acceptable solution without going to court. It's often quicker, less formal, and more cost-effective than litigation.

2. **The Mediator**: The mediator facilitates communication between the parties, helping them explore their issues and interests. They do not make decisions for the parties but guide them toward a resolution.

3. **Confidentiality**: Mediation is typically confidential, meaning anything discussed during the session cannot be used in court if the mediation fails. This encourages open and honest communication.

4. **Voluntary Process**: Participation in mediation is usually voluntary. Parties can choose to withdraw at any time if they feel the process isn’t working for them.

5. **Structure**: While the exact format can vary, mediation often involves:

   – Opening statements from each party

   – Joint discussions to identify key issues

   – Private sessions (caucuses) where the mediator talks to each party individually

   – Negotiation and brainstorming for solutions

   – Agreement drafting if a resolution is reached

6. **Outcome**: If the parties reach an agreement, it is often documented and can be made legally binding. If not, they retain the right to pursue other avenues, like litigation.