Mediation
Mediation is a form of alternative dispute resolution in which a neutral mediator assists the parties in reaching a mutually acceptable solution without the intervention of the courts.
Mediation is a structured process in which an independent and impartial mediator facilitates communication between the parties. The mediator does not make decisions but guides the parties in exploring their interests and reaching a mutually acceptable solution. This distinguishes mediation from arbitration or court proceedings.
Mediation is relevant because it is often faster, less costly and less burdensome than litigation. The parties retain control over the outcome themselves, thereby increasing the likelihood that the solution will be sustainable and that the relationship between them will remain intact. This is particularly valuable in family law, employment law and civil disputes.
In practice, mediation is frequently employed on a voluntary basis or upon referral by the court. A successful mediation results in a settlement agreement that is legally binding and may be homologated by the court.
“The parties decided to engage in mediation in order to resolve their dispute regarding the division of the estate by mutual agreement.”
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