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What is Mediation?
Mediation, simply stated, is facilitated negotiation: the mediator facilitates a negotiation between the disputing parties to resolve their conflict. In contrast with arbitration — where the arbitrator decides what the disputants should do — mediation empowers the disputants to develop their own resolution. The mediator assists the disputants by:

Benefits and Drawbacks of Mediation
As compared with litigation, mediation:

Mediation may not be the right process where:

"Facilitative Mediation"
Facilitative mediation is a term of art coined by Prof. Leonard Riskin to describe a mediator who assists the parties to develop their own resolution, without expressing an opinion as to how the case should settle, and who encourages parties to talk about any topic they wish to address, as opposed to limiting them only to liability and damages. In contrast with an evaluative mediator, a facilitative mediator sees the parties—rather than the mediator—as the expert in the case, and will attempt to elicit solution ideas from the parties. Because I find the facilitative mediation model more likely to heal relationships and yield creative outcomes uniquely tailored to the individuals in a particular dispute, I prefer to mediate using the facilitative style of mediation. For more information, please read my article, "Selecting the 'Right' Mediator for Your Case".

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