If I don't want to employ a lawyer or a representative, will the neutral assist me in the mediation process? How does the Mediator decide who is right or who wins? What about fishing expeditions in mediation?

Mediation - an Overview of How and Why it Works

The mediator does not impose a decision, nor make any kind of judgment. Unlike the more traditional dispute resolution mechanisms, the mediator helps the parties to find their own, mutually acceptable, solution.

The outcome of mediation is always within the control of the parties - with the help of the mediator they decide for themselves upon a settlement they can live with.

Mediation is a guided negotiation, helping the parties to communicate with each other, exploring the issues which are of real importance to them, which often differ from their 'rights'. The parties are encouraged to find ways to address their present and future needs, rather than dwelling upon who may have been right or wrong in the past. Parties in mediation avoid the uncertainty and dissatisfaction often experienced when grievances are filed or litigation is pursued.

Mediation resolves disputes fast, usually within a day. Mediation is significantly less expensive than litigation - because months or years of litigation are avoided, as are the consequent fees of lawyers and experts. Parties may of course have legal or other advisors present during the mediation if they wish. Within the mediation itself the Mediator will keep confidential any information given by one party unless express permission is granted for some or all of that information to be disclosed to another party. Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) - unlike the potential publicity of court proceedings.

Mediation is voluntary; any party may withdraw at any time. Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties. Most mediations occur in the ADR Office meeting rooms. The Mediator listens to everyone's point of view, talks to the parties. Sometimes privately and sometimes together, guiding them towards a settlement.

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This page last reviewed March 6, 2002
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Centers for Disease Control and Prevention
Office of the Director
Alternative Dispute Resolution and Conflict Prevention