Mediation As a Voluntary Service

Mediation involves an attempt by parties to resolve monetary disputes with the aid of a neutral third party.  A mediator's role is advisory, and although that person may offer suggestions, resolution of the dispute rests with the parties themselves.

Member Boards are required to provide mediation since January 1, 2002.  However:

· no party to an arbitrable matter can be required to mediate

· mediation is not a substitute for arbitration

· mediation proceedings are confidential and private

· board-sponsored mediation can be a useful tool for resolving monetary disputes between Board members, or between Board members and their clients and/or customers

Advantages of Mediation

Some of the advantages of participating in mediation as opposed to arbitrating or litigating are privacy, speed, economy, flexibility, informality, and finality.

 · Sessions are private and confidential.  Fewer people are typically involved in mediation than in arbitration or litigation.

 · Expeditious procedures serve to limit the time required to resolve disagreements in mediation when compared to arbitration or litigation.  There is no "lost time" if mediation is pursued and proves unsuccessful because arbitration or litigation can be filed concurrently.

· Time saved is money saved, and many other costs associated with arbitration and litigation are eliminated.

· Although a mediator facilitates discussions, that person typically does not control a session such as an arbitration hearing chairperson.  Typically, mediation is less stressful than arbitration or litigation because of the conciliatory atmosphere.

·When a decision is reached and reduced to writing, the agreement is just as binding and enforceable in a court of law as is an arbitration award.  Because parties have reached the decision (it has not been rendered upon them), the necessity of having to enforce a mediation agreement is atypical whereas it is not uncommon for prevailing parties in arbitration to have to have the arbitration award enforced. 

· It works.

 For more infomration, click here.       Mediation Explained in Detail          Mediation Request Form