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A mediator is a go-between, someone who helps
two parties in disagreement reach an agreement. A mediator is necessarily
neutral, and cannot take sides in a dispute. The mediator is sometimes referred
to as neutral third party.
Mediation in the Court System
Courts use Mediators to prevent overload in the
court systems. In many courts 85 per cent or more of cases are settled in
mediation and never go to trial. The courts are still busy. If it were not for
mediation, multiplied more courts would be necessary. Mediators help settle all
kinds of civil cases and family cases. Many family court judges send all their
cases to mediation where child custody, property settlement, and other questions
are settled.
Usually attorneys try to settle a lawsuit
before trial. If they cannot reach a settlement, then the case goes to
mediation. Those few not settled by then go to trial.
Mediation saves time and money.
Another benefit of mediation is that both parties have an opportunity to have
their say, unhampered by courtroom procedure that might prevent some views
from being expressed.
Attorneys for both sides agree on
a mediator and notify the court, which approves of the mediator, or the court
names the mediator and notifies the attorneys. Ordinarily attorneys for both
parties and the mediator agree on a date for mediation. The attorneys and
parties meet in the mediator’s office. Each side has uninterrupted time to
present his/her case. First the initiator or plaintiff states his/her case. Then
the respondent or defendant tells his/her side. Often one or the other has not
fully understood the other party’s position until the mediation. Then, with the
help of the mediator, they can begin to work on a settlement.
Everything that takes place in
the mediation is confidential. Nothing learned during the mediation can later be
used in a trial. The mediator can not be called to testify. Both parties are
asked to sign an agreement to that effect. Usually after two to four hours an
agreement is reached and signed by both parties. Then one of the attorneys files
the agreed judgment with the court, making it official and recorded.
Mediation in Business and Industry
Mediation is also used in disputes in which no
lawsuit is ever filed. Business and industry are urged by mediators to
Mediate, don’t litigate. A customer who believes himself to have been
wronged by a company can agree with the company on a mediator and settle the
matter without a lawsuit ever being started. Contract disputes between companies
or individuals can likewise be mediated rather than going through the courts.
The Better Business Bureau uses mediation extensively.
Business and industry are also
urged to Mediate, don’t terminate. A valued employee with a grievance can
be kept on the job when differences between the employee and a supervisor can be
mediated and settled to the satisfaction of both. Human resources disputes, and
labor disputes often can be settled in mediation and be the beginning of a long
term more cordial relationship between employee and employer. The United
States Postal Service and other governmental entities use mediation extensively.
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