Legal Definitions - Mediation

Mediation is a way to solve a problem between two or more people with the help of a neutral person. This person is called a mediator. The mediator helps the parties find a solution to their dispute. Unlike litigation and arbitration, mediation is less rigid. This means that it allows for creative techniques that would not be acceptable in other settings. For example, a mediator can speak ex parte with each side to find mutually acceptable solutions that might not otherwise emerge.

Here are some examples of how mediation works:

• Two neighbors are arguing over a fence. They can't agree on where the property line is. They decide to use mediation to solve the problem. The mediator listens to both sides and helps them come up with a solution that works for both of them.
• A couple is getting a divorce. They can't agree on how to divide their property. They decide to use mediation to solve the problem. The mediator helps them come up with a plan that is fair to both of them.
• An employee is having a problem with their boss. They feel like they are being treated unfairly. They decide to use mediation to solve the problem. The mediator listens to both sides and helps them come up with a solution that works for everyone.

These examples illustrate how mediation can be used to solve a variety of problems. The mediator helps the parties communicate and find a solution that works for everyone. This is why mediation is often seen as a more peaceful and collaborative way to solve disputes.