Mediation is one of the more common and accepted forms of alternative dispute resolution. Mediation uses a 3rd party, called a mediator, to assist two parties resolve their conflict.

The mediator encourages the disputing parties to discuss their issues and come up with a mutually agreeable resolution. They help the parties communicate through emotional and stressful situations and facilitate discussions. Although a mediator can suggest a resolution, he or she cannot impose a resolution upon the parties.

Though there is no standardized training and certification for mediators, there are programs to train mediators in their role. The laws regarding mediation vary from state-to-state, but as with any professional group and governing body, there is a code of conduct covering mediation.

Code of Conduct

• Mediators commit to inform participants of the mediation process
• Mediators consider any information learned confidential, within the legal bounds of the mediation
• Mediators must conduct the mediation in an impartial manner
• Mediators must adopt a neutral stance towards all parties to the mediation, and reveal any potential conflicts of interest
• Mediators should consider the psychological and physical well-being of all the mediations participants
• Mediators should not offer legal advice
• Mediators should seek ongoing training in the mediation process to keep skills current
• Mediators should practice only in those fields in which they have personal or professional expertise

Types of Conflicts

Mediation can address many types of conflicts, including:

• employment issues
• community issues
• diplomatic conflicts
• domestic disputes, such as Divorce and Child Custody
• Lawsuits

The advantages of mediation are that the proceedings are fair. Resolutions are mutually agreed upon, and there is no blame in the process. Mediation also promotes communication, saves time and money, and produces results.

You do not have to face mediation alone. A skilled attorney at your side can help you avoid litigation by working with you through mediation. Contact a lawyer today to discuss your options.