Mediation is a guided process of “facilitated negotiation” in which a neutral third person (the Mediator) assists two or more parties resolve a dispute. The mediator is not a decision-maker and does not represent either party. The mediator’s goal is to help the parties to reach an agreement that is mutually acceptable to each side. The parties are under no obligation to reach an agreement, and fully retain the authority to make their own decisions in consultation with their own legal counsel. However, a trained and skilled mediator can greatly assist the parties and their attorneys to identify key issues, engage in creative problem-solving, and explore a range of available settlement options through private non-adversarial negotiations.
Compared to traditional litigation, mediation is usually quicker, more informal, less intimidating, more predictable, and significantly less expensive. Mediation also allows the parties the opportunity to develop their own custom solution to resolve a conflict that is carefully crafted to fit their individual needs and unique situation. Clients often express greater satisfaction with resolutions achieved through a process of mediated negotiations into which they had input and felt control over the eventual outcome. In addition, mediation gives the parties an opportunity to tell their story and explain about how the case has affected them on a personal level. By contrast, the formal process of presenting evidence at trial may leave a client feeling that they did not genuinely experience their “day in court.” Mediation also provides a rare chance for each party to directly hear information from the opposing party’s point of view, encouraging a realistic assessment by both parties. By contrast, the mediator can also act as a buffer between parties who have strong negative feelings which might otherwise prevent productive negotiation.
Since the parties are free to explore broader solutions than those available to a judge, mediation is not limited to traditional legal remedies. Mediation allows for the possibility of conflict resolution through a less adversarial means. Thus in certain situations it may also help preserve future business or personal relationships. Mediation may also appeal to parties who wish to resolve a particular dispute without setting a legal precedent for similar future disputes. In addition, parties are often more willing to comply with an agreement that they have negotiated themselves, rather than one that was externally imposed by a judge.
Mediation has a high rate of success. The vast majority of cases filed in court settle before trial. Nonetheless, cases are often significantly delayed before they are eventually settled, driving up litigation costs and crowding already overwhelmed court dockets. Mediation helps settle cases more efficiently, sooner, and therefore less expensively. Because of these considerations, it is not uncommon for a Judge to order that the parties to a civil lawsuit make an attempt to settle the dispute through mediation. Sometimes mediation can also result in partial agreements that make trial of the remaining issues easier and less costly.
Mediation in Indiana
Indiana has adopted rules for Alternative Dispute Resolution that include rules for mediation.
To see the rules follow this link: Indiana Alternative Dispute Resolution Rules.