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What is Mediation and What is its Purpose?

In a mediation, the parties meet with a third party who is neutral and objective and who helps them negotiate their disagreements.

What does a mediator do in their role?

In mediation, the parties retain complete and exclusive decision-making authority. The mediator does not determine what is “fair” or “right,” assign blame, or provide an opinion regarding the case’s merits or likelihood of success in court. Instead, the mediator serves as a catalyst, aiming to bring disparate parties together by clarifying concerns and removing barriers to communication while leading and moderating the process to avoid conflict and bad feelings. While the mediation is taking place, the mediator will ask each side for compromises.

The mediator may ask the parties for permission at the beginning of the mediation process to refrain from litigation during the mediation process and to keep all statements made in the various sessions private and not be interpreted as admissions or used against any party in any other proceeding if mediation is unsuccessful.

Procedures: Joint Session, Private Parties, and Closing

A joint session to establish the agenda, clarify the issues, and discover the position and/or concerns of the parties usually precedes mediation. This gives the parties the option of attacking the resolution process group- or issue-by-group.

The mediator in Palm Bay meets separately with each party or their legal representative after the combined session. This enables each side to confidently express and elaborate on their stance and mediation objectives. Additionally, it allows the mediator a chance to raise issues that can lead an advocate to question the legitimacy of a given stance.

The goal of mediation is to:

lessen tensions by communicating your thoughts

to dispel misunderstandings

to ascertain underlying motives and issues

locate points of agreement

Include those locations in any solutions that the parties come up with

The benefit of mediation over more conventional complaint procedures is that it offers a setting for the parties to come up with original solutions. Disputants are urged to listen, maintain confidentiality, be empathic, suspend preconceived notions, respect one another’s values, and concentrate on resolving the underlying issue with the expert assistance of the mediator.

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