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What does it mean exactly when a case goes to mediation?

2007-01-18 08:53:13 · 6 answers · asked by ♥ Callie Ann ♥ 3 in Politics & Government Law & Ethics

not divorce...lol It is actually an employment case or whatever they are called

2007-01-18 09:29:20 · update #1

6 answers

Mediation is an alternate means of settling a dispute. In mediation, the parties negotiate in a controlled environment moderated by the mediator, who is usually a trained professional. The hallmark of mediation is that the only obligation one has is to show up and negotiate in good faith. It's a process that is designed to lead to a settlement by agreement among all interested parties, and normally nobody has the authority to force a party to agree to any specific outcome. In this way, mediation is distinguishable from arbitration or litigation, which depends on a third party decision maker. In mediation, the parties are the ones in control of the outcome: if they agree on the terms of settlement, the case ends; if not, the case continues.

2007-01-18 09:45:23 · answer #1 · answered by RLP 3 · 0 0

While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts. Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.

2014-06-05 15:46:08 · answer #2 · answered by ? 2 · 7 1

mediation is when all parties involved come together with a mediator most likely two people with no intrest in the outcome and help the parties involved come to a workable solution to the problem without having to go to court. this will save the added expense and time that going to trial would take. ( in a nut shell)

2007-01-18 09:59:06 · answer #3 · answered by outlaw 2 · 0 0

Settle the differences between the 2 parties before going to court - I take this to be a divorce.

2007-01-18 08:58:20 · answer #4 · answered by Anonymous · 0 0

If it's binding arbitration,both parties agree to the judgement of the mediator.Its pretty much the same as trying a case in front of a judge,except there is no courtroom.

2007-01-18 18:52:55 · answer #5 · answered by Wolfman 2 · 1 0

Basically, it means both sides are presented and a mutual agreement can be worked out. A judge may decide who is right or wrong.

2007-01-18 09:06:11 · answer #6 · answered by Anonymous · 1 0

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