Mediation

Mediation is a confidential process in which people gather to resolve their disputes with the assistance of an impartial third party (the “mediator”).  The mediator facilitates communication and negotiation between the parties, helping them identify the issues they wish to address, share their perspectives about the dispute and how they have been impacted by it, develop and consider options for resolution, and voluntarily reach solutions or agreements that are mutually beneficial. 

At NWLRC, we offer two types of mediation to meet our client’s needs:

FACILITATIVE MEDIATION

Facilitative mediation is a process in which a mediator assists the parties in reaching a solution of their own creation.  The goal of this type of mediation is to facilitate negotiation between the parties.  The approach is interest-based, meaning the goal is a win for each person.

The parties will meet jointly with the mediator.  Communication will be relaxed but direct, and the parties control both the timing and the nature of offers.  Parties may talk about their feelings, perspectives, and expectations.  The mediator guides the participants to make decisions that are fully informed and do not attempt to influence the outcome of the matter.

As the participants in mediation often do not have an attorney representing their interests, they are free to consult with and/or hire an attorney to advise them on a particular legal issue or to draft or review legal documents. 

Facilitative Mediation can be beneficial and productive in avoiding going to court or can be used prior to, and at various stages of litigation.

In facilitative mediation, the mediator encourages each party to identify and discuss the reasons for a particular issue.  When the parties talk about their needs there is a greater potential for problem-solving and a greater range of solutions.

“SHUTTLE” OR COURT-MANDATED MEDIATION

The goal of this style is to garner an agreement through a compromise that is fair to both parties.  Decisions are law-based as opposed to interest-based, meaning each issue resolved is a “win/lose”.  The conversations involve the facts involved and the law. 

Each party may be represented by a legal professional who will also attend the mediation session.

You may receive opinions from the mediator about the legal strengths and weaknesses of each party’s argument or settlement proposal. The mediator may also make recommendations for settlement.

The parties meet separately with the mediator who acts as a “shuttle” or “go-between”, relaying information between the parties and decides what information is most helpful for settlement.

This type of mediation is generally thought to be most effective after the completion of discovery.