The benefits of mediation are that it is voluntary, confidential, and lets people in the dispute decide what works best for them.
Voluntary - In all
mediations, if the participants do not craft a solution that meets their
needs, they cannot be forced to agree to anything. Agreements reached
in mediation are only final when all of the participants are satisfied.
- Court-ordered Mediation - If the
parties in court-ordered mediation do not reach an agreement, they can
still proceed with their case in court.
Confidential - Mediation
is a confidential process, which means that anything discussed in
mediation cannot be used in court. There are a few exceptions when it
comes to child abuse, imminent threats of harm to a person, or
allegations of duress or fraud.
- Mediation Communications - Mediators may not be called to
testify about any mediation communications, and mediators are expected
to keep information confidential.
Lets You Decide - In mediation the participants
decide what solutions will work for them. The mediator does not act as a
decision-maker or judge. The mediator remains impartial throughout the
process and will not give legal or other advice or make decisions about
Cost - The cost of mediation varies depending on the
program. In some court, government, and community programs, the service
will be free or based on a sliding fee scale. In other courts and in
private mediations, the cost likely will be on an hourly basis and is
typically divided by the participants.