Mediation is a process where a third party helps
two parties find a mutually agreeable solution to a
dispute between them. It can be applied from
to disputes between individuals to the highest of
The rules of mediation vary widely depending upon
the circumstance and level of party dispute.
Professional mediators are highly trained in their
profession although any one acting to help two parties
to resolve a dispute can be considered a mediator.
Mediation is commonly used for for situations
involving prenuptial agreements, divorce, separation,
eldercare, family issues, estate disputes, medical
issues, harassment, grievances, wrongful termination,
land use, landlord-tenant disputes, contracts,
personal injury, etc.
Common aspects of a mediation include:
1. A difference of opinion that needs resolution.
2. Resolution resides with the parties agreeing on a
3. The parties agree to negotiate toward a resolution.
4. A neutral third party is enlisted to help the
parties discuss their differences and arrive at an
Mediation is different from arbitration and other
forms of conflict resolution in that it is flexible,
involves the participation of the parties involved in
arriving at a solution and is not binding upon the
Mediators are generally allowed the flexibility to
use a method or methods of his or her choosing to best
arrive at an amenable agreement between the parties.