Generation
Information About Legal Topics
Topic 150: What Is Mediation?
(revised 9/97)
Parties
to a dispute may decide to use a mediator to assist them in
resolving their differences. A mediator is an impartial person
who brings the parties together in a meeting and attempts
to help them find a solution to their dispute. The mediator,
who is usually a trained professional does not have the power
to make any binding rulings or decisions or impose his will
on the parties. However, by meeting with the parties, together
and separately in a mediation session, the mediator is often
able to help the parties clarify issues, educate each other
as to their respective positions, interest and needs, in order
that they may reach an amicable settlement. Statements made
in the course of a mediation by any party or the mediator are
to be kept confidential, unless otherwise agreed to by the
parties. Since the
mediator, unlike an arbitrator, does not issue a final decision
or ruling concerning the case, the case will only settle if
each party is willing to do so. Normally, the parties pay
for the mediator's services equally unless otherwise agreed
or ordered by a Court. For more information, you should
consult your lawyer or the lawyer referral service of The
Bar Association of Metropolitan St. Louis. |