MEDIATION (the word derives from the Latin word mediator, which means reassuring mediation) as a method of peaceful settlement of disputes, is a voluntary, non-judicial process to resolve contentious issues.

 

Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. A mediation session involves a discussion of the dispute by the parties, as opposed to the formal presentation of witnesses and evidence such as takes place in a trial or arbitration. The session will normally be attended only by the mediator, the parties and in also their attorneys (not in all cases). Because of the informality of the process, a mediation can usually be completed in a two or three meetings, ending by conclusion agreement.

 

The mediation process is entirely voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator's role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. A mediation session is private and confidential. It is normally held in a private office and no public record is made of the proceedings. If no settlement is reached any statements during the proceedings are inadmissible as evidence in any subsequent litigation

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