Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute.  The mediator does not have the power to render a decision on the matter or order an outcome.  If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Using mediation to resolve a legal dispute has become a popular alternative to parties who do not want to leave the outcome of a dispute in the hands of a judge.  During the mediation process, a third party listens to both sides and tries to help the parties resolve their dispute in a way that can be crafted to fit their unique situation.  Mediation is desirable to parties because it provides an outlet to resolve issues where they can have more involvement in the process. Mediation ensures that the parties have more input in the end result than they would if they took their dispute before the courts.

Mediation is extremely helpful in the area of domestic relations. Couples can, for example, design a custody and visitation schedule that works around the parties unique situation instead of possibly being prescribed a one size fits all remedy by the courts.  Mediation is also a good way for couples seeking divorce to communicate with each other with a third party present to discuss issues they may have post-dissolution in a non-threatening environment.

In civil suits, mediation is far less costly to the parties than preparing a case for trial.  Many parties attempt mediation to avoid the high costs associated with going to trial.

Indiana Legal News


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