Mediation is becoming an increasingly common way to resolve a variety of legal disputes. More and more parties embroiled are turning away from the bitter, contentious and expensive litigation process and turning to the collaborative process of mediation. Participants in this process should have a strong understanding of this process before commencing with it.

Goals of Mediation

The mediation process is goal-oriented. It focuses on accomplishing the goals of the parties as defined by them. In agricultural disputes, this may include resolving boundary disputes, working out problems with vendors, securing new contracts, properly appraising equipment for lending purposes or moving forward with an existing relationship. Often, the parties do not understand what their real goals and motivation are. A skilled mediator can help uncover the hidden interests of the parties through using strong communication skills and active listing.

Benefits of Mediation

Agricultural mediation can help clarify relationships between the parties and assign specific responsibilities between the parties. It can also help them see disputes from a new perspective so that they can amicably resolve the matter without the intervention of the court. Because the parties are in control of whatever decisions they make, they are usually much more satisfied with the outcome than if they proceed to litigation or settle through their respective attorneys.

Confidentiality

Mediation is a confidential process. It is used to give the parties the opportunity to settle their claim. Anything discussed in mediation cannot later be repeated in court if the parties decide not to settle. The mediator cannot be called to testify about the content of what was discussed in court.