Mediation is a process where a neutral third party is engaged to help parties resolve a particular issue. Mediation is commonly known to be used in litigated cases, but it is also a wonderful process to engage in when there is either no litigation or to avoid litigation. The mediator’s job is different from an attorney’s job. While an attorney advises about the law, the mediator helps to facilitate a conversation between the parties, so that they can fully uncover each other’s interests and come to a mutual agreement.
The mediator keeps parties calm, which allows them to think clearly about the potential resolutions. It is also the mediator’s job to stop bad behaviors, such as yelling, name-calling, interrupting and inflammatory accusations. Another role the mediator plays is to reframe what the parties are saying in order to ensure that they are hearing and understanding each other’s thoughts clearly. Some mediators may reframe and some will have the parties reframe or mirror what they heard in order to help them get to a place of understanding.