Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
Nebraska Motion By Plaintiff to Refer Cause to Mediation
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US-01006BG
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Mediation is generally voluntary, confidential and unbiased. Where a voluntary settlement is achieved, it only becomes binding when the parties sign a formal settlement agreement. Parties in mediation may still seek independent legal advice (in legal cases the parties are encouraged to do so).
Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party.
This is done with the help of a mediator. A mediator is someone with skills to help you and others work through a problem to see if you can create an agreement that works for you. You are the one that decides if an agreement works for you. The mediator does not make decisions on the agreement.
The mediator has no authority to decide the settlement or even compel the parties to settle. Mediation is non-binding, until parties agree on a resolution. If the matter does not settle, the claimant has preserved the right to pursue arbitration.
Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered. However, that is rare in personal injury cases.
Mediators do not make decisions or rulings. Rather, they help the parties create their own voluntary agreement in a confidential setting. The agreement, when signed by each party, is a binding contract.
The agreements of the parties in mediation are always made final only after each side sees his or her lawyer for legal advice. Once that happens, they can agree that either the lawyers or the mediator will draft the contract that the parties sign to end their dispute.
The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.