Mediation is a tactic used to resolve a dispute without the need for litigation. It essentially means that the parties will work together to find a legal solution, keeping it all out of court. To do this, they will typically use a third-party neutral, who helps the process – but who is not on either side since this is not litigation.
If you are thinking about using mediation, you may wonder why you even need third-party neutral to begin with. Couldn’t you just do it on your own?
The benefits of a third-party neutral
The benefit of working with a mediator is simply that you have a dispute so serious that you already can’t resolve it on your own. You need someone else to show you what potential legal solutions there are; you may have far more options than you realize. As such, the third-party neutral has unique legal knowledge that will help you explore all of these options.
Additionally, they can answer questions and provide legal information. It may be the first time that you have been through such a dispute with your business partner, for instance, so you need to learn more about the process. The mediator is a valuable resource with experience and insights.
Finally, a compromise often means that neither side gets 100% of what they were looking for. The mediator takes an outside perspective and has no interest in the outcome of the case, so they can help you determine what would be fair under this compromise.
If you are going through this process, take the time to consider the necessary legal steps carefully.