Mediation can be used to help resolve disputes in an array of practice areas, including insurance and Medicare claims.

About the Process

Mediation is assisted negotiation in which a trained neutral third party assists parties try to resolve their legal dispute. While litigation places parties as adversaries to each other, mediation focuses on the parties working together to solve a mutual problem. The process begins with an introduction of basic rules and then the mediator may break up into private caucuses with each party to better understand the legal issues involved and to move the parties toward an amicable solution.

Benefits of Mediation

Mediators are trained in effective communication and conflict resolution skills. Mediators use these skills to help parties get a broader understanding of their case and the drawbacks of continued litigation. Mediation is a voluntary process. The parties do not have to go through this process unless they agree to do so. Once they are at mediation, they can fully participate in the process. This allows them to have greater control over the possible resolution of their claim. Mediation is typically more affordable than continued litigation and the need to pay ongoing legal fees. What is said in mediation is kept confidential, so the parties can freely communicate without worrying about things they say being repeated at a later point in the process.

When Mediation May Be Effective

Mediation can be effective in a variety of situations. It can be a viable solution if the parties have reached an impasse in communication, when they are interested in maintaining confidentiality, when they do not need to establish precedent for other cases or when only one solution is possible under the circumstances.