Mediation.

Probably one of the most familiar forms of ADR, but often misunderstood, is the concept of mediation. Simply stated, mediation is a process whereby a third party neutral, the mediator, helps disputing parties reach a mutually acceptable resolution of a dispute. The mediator has no authority to decide the dispute, only working as a facilitator to help the parties overcome barriers. The vast majority of all lawsuits are settled before trial, so mediation can serve as an effective alternative to the costly and time-consuming process of litigation.  Additionally, it is a confidential process, and nothing said in a mediation can be used against a party in a lawsuit if the case doesn’t settle. Probably one of the most desirable advantages of mediation is the flexibility of the process. At mediation, the parties are in control of whether the case will settle or not -- not the lawyers, judges, or juries. Additionally, the mediation process offers the parties the flexibility of fashioning their own creative resolution of the dispute, unlike court, where there is one winner and one loser, with little opportunity to create a settlement which meets everyone’s needs.