Finding and working with a mediator
Sometimes for reasons of expense or to preserve a business or personal relationship, it may be desirable to resolve a dispute in a non-adversarial manner more expeditiously than permitted by court calendars.
Mediation is a problem-solving technique that allows parties to work together to form their own mutually acceptable resolution to the dispute. Most mediations are completed in one or two sessions. Because the mediation session is confidential and non-binding, the parties can still proceed to arbitration or litigation if the dispute is not resolved in mediation.
In selecting a mediator, consideration should be given to the mediator’s reputation, experience, training, areas of expertise or concentration and certifications. A mediator will be impartial and free of any bias.
To find a mediator, consider contacting a mediation service or a community mediation center, if one is available, that offers low-cost mediation services. If the dispute involves a business, the local Better Business Bureau may offer a mediation program.
Your lawyer may be able to serve as a mediator; many do so. Or because mediation has become a more popular way of settling disputes, your lawyer may have worked with several mediators and can therefore recommend one.
The mediation includes several stages. Once the parties are seated at a table, the mediator sets the stage with an opening statement, explaining the rules and goals, and encourages each side to work towards a mutually-acceptable goal.
Each party is then invited to describe the nature of the dispute and some ideas about how it can be resolved. In the third stage, the mediator encourages the parties to address the dispute more in depth with each other. The mediator then meets with each party privately, in an adjoining room, to discuss the strengths and weaknesses of the person’s position and ideas for settlement.
Finally, the mediator brings the parties together to negotiate directly. If an agreement is reached, each party may be asked to sign a written agreement or the mediator might suggest that they take it to their lawyers for review.
If no agreement was reached, the disputing parties may need to determine whether to meet again. If not, arbitration or going to court may be the only options remaining to settle the dispute.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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