In celebration of National Mediation Week, ADR Systems is pleased to introduce our new mediation guide, Mediation: What to Expect, a new brochure for attorneys who want an easier way to explain the mediation process to their clients. This comprehensive guide will help you walk your clients through every step of the mediation process.

Mediation is a collaborative process and the mediator is a neutral, third-party facilitator. Their job is to convey demands and offers between the parties, brainstorm possible solutions to negotiation impasses or sticky issues in the case, provide candid evaluations of the parties’ cases and impress upon them the risks of litigating it if they cannot settle.

The mediator does not impose a decision but rather helps the parties communicate, identifies underlying issues, and explores potential solutions. Mediation is often used to resolve personal injury disputes, workplace conflicts and commercial suits. Most mediations are:

• Non-binding: Parties may walk away from mediation at any time and the mediation is only binding when both sides sign a settlement agreement
• Collaborative: Mediation encourages open communication and cooperation
• Cost-effective: Typically, it is less expensive than arbitration or litigation
• Timesaving: Parties can resolve disputes more quickly by mediating them compared to litigating them

Mediation is further distinguished by its non-zero-sum game nature: Both sides can and do get what they want. Counsel and their clients can settle sooner in mediation by looking for ways to create value for themselves and the other side while negotiating. Learn more about creating value in mediation.

View our Mediation: What to Expect guide.

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