Mediation is a non-binding process for resolving disputes between adverse parties with the assistance of a trained and experienced neutral third-party. The concept of using a neutral third-party to assist disputants reach a solution is nothing new, but in today's increasingly complex society, formal mediation has seen a resurgence in many social and legal settings. Court systems worldwide are embracing the concept as traditional methods of resolving disputes (primarily litigation and arbitration) have become unduly costly, time consuming, and often lead to results which leave few satisfied. At mediation, all parties must be satisfied with the outcome or there will be no final resolution. Because the process is non-binding, the parties are free to suspend or terminate the process at any time without prejudicing their right to return to or commence arbitration or litigation.
While a majority of cases taken to mediation are successfully settled, because the process is non binding and confidential, even when unsuccessful, mediation brings tangible benefits. If nothing else, it can test the strengths and weaknesses of positions, allow parties to obtain a greater understanding of the other side's interests, and in many cases narrow the issues that must then be litigated. Depending upon the time that mediation is initiated, the parties and their advocates are provided with an early opportunity to thoroughly evaluate their case and prepare the most effective strategy with which to represent their clients. Here at The Neutral Corner, we have the experience necessary to help parties determine the outcome of their disputes in a non binding and effective way.