What is Mediation?

September 12, 2022 –

Mediation is an effective form of dispute resolution in which the parties meet with an impartial third person, a “mediator,” who facilitates conversation and negotiation to find a mutually agreeable resolution.

Mediation is voluntary, private, and confidential. The cost of mediation depends on the services provided, the duration of the mediation process, the number of parties, and the fees and costs incurred by the mediator. Mediators use a variety of styles and approaches, the primary three being evaluative, transformative, and facilitative. Evaluative mediators are the most vocal and will offer opinions, transformative mediators seek to transform the conflict by empowering the parties to collaborate, and facilitative mediators fall in between by establishing procedural boundaries while also giving agency to the parties.

Mediation is becoming increasingly common because it is cost-effective, private, quick, and geared towards an amicable settlement. Contrary to litigation and arbitration, the parties control the outcome, as mediators have no power to impose a decision upon the parties. There are also less formalized rules; the process is non-binding and tends to be less contentious. Mediation is available in most non-violent matters at any time of a dispute.  

In 2019, New York State Court Unified Court System implemented a “presumptive” alternative dispute resolution program, under which parties in civil cases are referred to either mediation or another form of ADR as an initial step after filing lawsuits. Other courts also offer mediation programs, including the Commercial Division in New York County Supreme Court and the United States District Courts for the Southern and Eastern Districts of New York.

CASTAYBERT PLLC has extensive experience representing clients and participating as an effective advocate for clients in commercial mediation. To see how CASTAYBERT PLLC can assist you in mediation, click here.