What is Mediation?

Mediation is a process in which a trained facilitator assists disputing parties by helping them communicate their interests on the issues and by exploring a range of possible solutions.

Mediation is characterized by a business-like, cooperative climate, which sets the stage for constructive communication in the future. Thus mediation is used in those disputes involving family law, contracts, real estate, construction, employer and employee disputes, and in any business or other situations involving an ongoing relationship.

Who Participates in Mediation?

The disputing parties, along with the mediator are the primary participants in mediation. Lawyers may attend mediation sessions to represent their clients. However, the presence of a lawyer is not necessary. During mediation, it is expected that the parties themselves will openly discuss the issues with the other disputants and with the mediator. Because the disputants are actively involved in the process, there is usually a high degree of client satisfaction with any settlement reached and with the mediation process itself.

How Does Mediation Begin?

Mediation my be initiated under several circumstances. The disputants may decide that they need to have their dispute mediated. In this situation, both parties would agree to the mediator or mediation service and contact them jointly.

Mediation may also begin when one party of a dispute seeks out a mediator and asks that the mediator contact the other party to see if mediation is an acceptable option.

Finally, there may be an existing agreement or a contract clause requiring mediation as a step in a dispute resolution process or as a precursor to filing a lawsuit. This agreement or clause may define the mediator selection process.

What Does the Mediator do?

The mediator does not render a decision or provide an evaluation of the dispute; rather he/she facilitates the exchange of information and settlement alternatives between the parties.

The mediator adds to the settlement process in a variety of ways. Most importantly, the mediator establishes and enforces procedures which are fair and even- handed, and allows all sides a chance to be heard. The mediator also provides an opportunity for the disputants to express emotions or frustrations that may be blocking negotiations and addresses underlying concerns in a controlled, amicable environment. The mediator acts as an agent of reality, helping parties think through their claims and ensuring that all parties participate in creating any settlement agreement.

How Long Does a Mediation Take?

The length of time needed for a meditation depends on the complexity of the dispute, the commitment and communication skills of the parties, and the skills and training of the mediator. Many disputes can be resolved in one mediation session of two to four hours; other cases may require multiple sessions.

About the Author

C. Richard Lane, SPHR, of Lane Management Group, is certified as a Senior Professional in Human Resources. He earned degrees in both Psychology and Sociology and earned a Master of Business Administration degree. He has taught numerous seminars on conflict resolution and mediation for organizations. Mr. Lane has been a certified mediator since 1998 and mediated over 250 disputes.

Lane Management Group provides both commercial and grievance mediation services, including areas in business, employment law, family law, real estate, and litigation, such as personal injury, worker's compensation, etc.

For further information about the mediation process, or to find out about available training as a mediator, you may contact Lane Management Group at (409)727-3608, or e-mail them at lanemgt@ih2000.net,or cordellcn@maxadyne.com.