In yesterday’s post, I noted what mediation is NOT. Well, this is what mediation IS: Mediation is a Conversation Put simply, the role of the mediator is to facilitate a conversation between the parties The mediator is not there to listen to testimony like a trial or arbitration. Albeit “heated” at times, a mediation session is conversation focused. Mediation Allows …
So What Exactly is this Mediation Thing?
I have been blogging lately about mediation – but what is it exactly? Mediation is a type of Alternative Dispute Resolution (“ADR”) and is sharply different than arbitration. A mediator does not make the decision about the outcome of the case; instead, the parties (and their attorneys, if applicable) work toward a solution together. The mediator helps to facilitate this …
What Happens in Mediation Stays in Mediation
Because of my work on the Rule 1:40-12 Roster of Civil, General Equity and Probate Action Mediators in New Jersey (and recent mediation training in New York), I was reviewing the New Jersey Uniform Mediation Act this week. I wanted to stress something to my readers that may or may not be clear: (almost) everything that happens during mediation is …