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Mediation

The Role of Mediation in Dispute Resolution

Understanding Mediation in Dispute Resolution

Mediation is a dispute resolution process in which the parties jointly select a mediator to help them reach a mutually beneficial solution to a dispute.

While mediation often occurs after a formal claim has been filed between the parties, in many instances the underlying contract may provide that mediation is a prerequisite to actually initiating a formal claim. Moreover, in large and lengthy construction, infrastructure or real estate projects the parties may choose to engage in a mid-project mediation process in an attempt to resolve potential disputes in real time, rather than defer the resolution process to the end of the project. However, regardless of the timing of the mediation, the manner in which the mediation is carried out is largely driven by the parties, with the input of the mediator.

The Mediator’s Role and Benefits of Mediation

My role as mediator is to independently facilitate discussion between the parties that enable them to find their own mutually agreeable resolution of a dispute. These discussions take place in an informal and confidential setting.

I am a proponent of mediation because, in my experience, it is an effective tool to resolve disputes between the parties. A skilled and knowledgeable mediator can assist the parties in moving beyond the issues that led to their dispute and guide them through constructive negotiations to resolve their dispute.