Definition: Mediation

Definition: Mediation

Mediation is one of several ways to resolve a conflict between two parties.  It is often referred to as ADR or Alternative Dispute Resolution.  Both parties voluntarily agree to come together in front of a neutral party called the mediator.  A mediator’s job is to help both parties settle the disagreement through questions and facilitation of conversation.  They can offer creative solutions as an alternative to solutions the court is unable to provide.

In mediation, both sides must agree to mediate. If the other party doesn’t want to work it out this way, a mediation cannot occur.  Even if both sides do agree, there cannot be any laws that need to be ruled on, that ruling needs to be done by a judge.  Once you get into a mediation, one or both sides may not want to compromise or give up any ground whatsoever.  They may not want to even cooperate with you.  If you spend a lot of time formulating a resolution, the other side has an absolute right to disagree with it.  If that happens, the procedure becomes almost worthless because in a mediation both sides must agree to the resolution.  Much of the mediation process depends on the mediator.  When you get a mediator, they may be inexperienced or they may “click” with the clients.  This can make mediation very difficult.  Even if things go as planned and your mediation works out as a win-win for both parties, mediation agreements can have issues with enforceability.  After all of that, mediation might not even save you any time or money.  There are both pros and cons to the mediation process, each case is situational.  If you need a reference for a mediator, contact the Cleveland Metropolitan Bar Association here.

In general, a mediation does not use a court reporter to create a transcript of the proceedings.  Here at our Cleveland, Ohio location, however, many of our court reporters have provided transcripts for the parties in mediation to use during the proceedings.  If you have an ongoing case and need a court reporter here in Cleveland, Ohio we are open around the clock to get you the litigation support you need, when you need it.

 

Article written by Michelle Cady-Cook.  She is the Director of Marketing and part owner of Cady Reporting (a WBENC company).  She is a sustaining member of the Cleveland Association of Paralegals, and is currently serving as Chair of the Cleveland Metropolitan Bar Association Green Initiative Committee and Chair of the Follow Up Committee for the National Network of Reporting Companies (NNRC). She has been officially involved in the legal community for over 10 years.  Within the framework of Cady Reporting Services, she partners with locally owned court reporting firms across the country to continually improve the practice of litigation.

Cady Reporting Services is located at 1468 W. 9th St. Cleveland, OH 44113.  Our court reporters and videographers personally serve the state of Ohio, and we daily schedule court reporters and other litigation support services through our partners in the NNRC.  The National Network of Reporting Companies is your personal connection to coverage wherever and whenever you need it.