The process of mediation in law is an informal one, where an impartial party (or a “mediator”) assists both parties involved in a lawsuit to understand each other’s interests and potentially help reach mutual understanding and even a settlement. Many different types of cases call for the mediating process, so it’s important to understand what a mediator does and the types of this process that exist.
The mediating process can be court-ordered or voluntarily agreed upon by both parties involved in the lawsuit. Mediators can be brought in for cases large and small.
First, let’s go over what both binding and negotiated mediations are. Binding is rarely ever applied. It incorporates the process of arbitration at the same time, where if the mediator is unable to find a compromise that satisfies both parties, the mediator will declare a binding decision.
Negotiated mediating is a slightly different process where all three parties, the mediator included, reach a consensus. In this instance, the mediator does not have the power to make a final decision regardless of consensus as they would in a binding mediator’s position.
For deeper insights into the role of a mediator and specific circumstances that apply, tune into the video we have linked above.