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Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by OGC as an alternative to traditional litigation. Mediation is an informal means of resolving a dispute with the active, direct participation of the parties and the assistance of a trained mediator.
Mediation is a process that can be conducted in three ways that vary in formality, goals, the mediator's techniques, and outcomes. Listed from more formal to less formal, the styles of mediation are: settlement conference, facilitative, and transformative.
Parties agree to work together toward a final resolution, considering how any solution must address the interests of all parties. The mediator is a neutral person who does not represent the parties, advise them, evaluate the case, or make a decision.
Generally, during the process, parties move to separate caucuses. The mediator will carry messages?offers, counter offers, questions, demands, and proposals?between both sides to help the parties move closer to resolution.
It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.
There is no public record of a mediation session (no court reporter is present) and discussions are confidential, unless otherwise provided for by law, regulation or rule. Mediation is not binding (except for any agreement reached by the parties) and a party may withdraw from mediation at any time.
The Mediator does not act as a judge to determine the dispute nor make rulings, but assists the parties to explore the strengths and weaknesses of their cases and tries to find if there is a point at which the parties' needs and expectations can be brought together to form a settlement.