Mediation, explained

What is Mediation?

Mediation is a voluntary process in which opposing parties involved in a civil case attempt to come to an agreement, typically involving monetary compensation, resolving a case before a trial is held. This process provides an easier, more efficient way for parties to come to an agreement, without the logistical stress, planning and preparation that full-scale trials involve. Meditations do not involve juries, judges, bailiffs or any of the fixtures associated with courtroom trials. Instead, they typically occur in neutral locations, often the mediator’s office, and are attended only by the parties, their attorneys, and the chosen mediator.

In Minnesota, mediations are mandatory for ongoing civil cases, with the exception of medical malpractice cases, and must be attempted at least once before a trial. That said, it is not uncommon for mediations to be attempted multiple times, over several days or even longer, before a mutual agreement is reached. If, after repeated attempts, mediation fails, then a case will move forward to trial.

What Happens During Mediation

The parties choose their own mediator. When the mediator is chosen and agrees to participate in the case, the mediator circulates an agreement to mediate which everyone must sign for mediation to proceed. Mediators are certified by the Minnesota Supreme Court and are often experienced attorneys themselves. This fact is helpful in that mediators can understand the complex legal posture, the specific language used by the parties during the discussions, and can act as effective go-betweens, communicating concerns, proposals, questions and negotiations. A mediator is neutral and does not represent nor advise either party.

During mediations, the parties typically do not meet face to face; they communicate via the mediator. This enables the proper privacy, respect, and time for satisfactory agreements to form. Interactions between the mediator and either party are confidential, and information shared with a mediator is only shared with the other party if the mediator is specifically authorized to do so. This provides a buffer for what could otherwise become heated arguments, altercations, or emotionally charged conversations between parties and allows for frank discussions with the mediator. Mediators have no official power over either party, nor can they impose rulings or resolutions. They do not determine if a trial is needed, or if the parties come to an agreement.

Mediation ≠ Arbitration

Mediation is not arbitration. In an arbitration, each of the litigants present their version of events, and are bound by whatever decision the arbitrator comes to. Though this is not the same as a trial, it has the same finality as a trial, which mediation does not if the parties do not agree.

For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon.

DISCLAIMER: This article is informational only and is not intended for and should not be used as a replacement for legal advice.