When two parties have a dispute, they may decide to try alternative dispute resolution tactics. They don’t want to go straight to litigation but, instead, would like to see if they can negotiate and find a compromise. This approach can often be faster and cheaper than going to court, and the parties have more control over the eventual outcome.
When they do this, they may work with a third-party neutral. Essentially, this person helps to facilitate the process, acting as a mediator or arbitrator. They can provide legal guidance and answer questions. They can discuss different options and help to ensure that the solution is in line with the law. They’re not present to make any final decisions, but simply to help the parties work together and make decisions on their own.
Do they pick a side?
No. This is where mediation is much different from litigation. With litigation, each side hires their own legal counsel. Their lawyer represents them, puts their interests first and attempts to achieve a favorable outcome in the case.
But with mediation, the third-party neutral is not trying to win the case for either side, and they are not at risk of losing the case. They don’t prioritize either party’s interests. Their goal isn’t to help one side win, but to help both sides – along with their legal representation – come together and find common ground. Their deep understanding of the law is still very important during this process, but the focus is much different.
Are you involved in an employment dispute, a business dispute, a contract disagreement or something else of this nature? If so, mediation may be a solution—so it’s important to understand exactly what options you have available to you so that you can make informed choices accordingly.