Many people with legal disputes choose not to handle their issues in court, but instead to seek out alternative dispute resolution (ADR) services like mediation. The mediation process is managed by someone known as a mediator, who helps both sides to potentially come to an agreement. But what exactly is the role of a mediator, and how can they help you get a desirable outcome for your mediation?
What is a Mediator?
A mediator, put simply, is someone who acts as an impartial third party to help two people settle a dispute they cannot settle on their own. Unlike in a legal dispute where a lawyer is meant to represent the interests of one of the parties, the mediator is meant to be neutral, favoring neither side. While just about any type of dispute can theoretically be settled through mediation, it is specifically used in legal contexts where both parties want to avoid litigation.
What Does a Mediator Do?
When a mediation is ongoing, the mediator works to guide the conversation between both parties, helping to keep them on track and ensuring both sides stick to the rules of the mediation. They ensure that any conversation is productive, helping them to understand each other and hopefully find a middle ground. If successful, the mediator also helps them write an agreement that both sides may agree to, helping to resolve the underlying dispute.
Why is Mediation Preferable to Litigation?
Mediation is often considered a preferable alternative to litigation for several reasons, not the least of which is that it tends to be less costly and time-intensive than filing a lawsuit. The rules of mediation also tend to be far less formal than the rules of procedure involved in litigation. A mediator is also not a judge, and is there to help resolve the dispute, rather than adjudicate who is right or wrong from the perspective of the law.
Is Mediation Right For You?
Ultimately, the question of whether mediation may be helpful for you is dependent on a number of factors, including the severity and complexity of your case. That is why you should speak to a lawyer with experience acting as a mediator in legal disputes. They can review your circumstances and determine what may work best for you.
If you have a legal issue and are seeking mediation, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey mediator who has considerable experience in handling the many aspects of employment and business law. To schedule a consultation with New York City/Long Island/Westchester mediator Andrew Ross Sack, call (516) 526-3319 or visit his contact page.
