Mediation is a voluntary settlement negotiation guided by a neutral mediator.
Mediation is a business negotiation to reach a business resolution of a dispute.
In a mediation, the parties are assisted by a neutral third party, typically called a mediator or conciliator. The mediator assists the parties in reaching a settlement of the dispute.
A mediator provides a structure, a time schedule and communication dynamics that direct negotiations lack. The mediator facilitates negotiation rather than making a binding decision on the merits of the dispute.
A mediator who has legal and business expertise can assist the parties in quickly resolving a dispute by providing a fair, objective and business focused perspective on the dispute and offering suggestions leading to a mutually acceptable resolution. Mediators help the parties and their counsel by having both sides focus on the core issues, consider the legal practicalities, and aim for win-win solutions.
Mediations are short proceedings, typically resolving disputes within a day, and can precede or replace arbitration or court proceedings. Mediations are confidential and can be conducted prior to to or after the parties retain lawyers to represent them.
Mediation can be provided on an admnistered or non-administered basis. Many leading ADR providers offer administered mediation services, including the appointment of SVAMC members with tech ADR skills.
SVAMC can guide parties on whether a matter is suitable for mediation, work with the parties and their counsel to select preferred mediation techniques and refer parties to qualified mediation providers.