Expert: Timmy Chou - 2/15/2011

Question
Hi. I'm doing a project for school and i was wondering who would hire a mediator and how you would go about getting the job. I also was wondering what mediators do on a day to day basis.

Answer
Greetings,

Mediation is used to settle any dispute in a wide variety of areas.  People use mediators to handle divorce, lawsuits, employment problems, education disputes, and others.

In the USA more than 70% of lawsuits actually settle before trial.  Therefore the issue is not IF you are likely to negotiate a settlement but WHEN.  Wise people take advantage of trained mediators early to save time and money.  Many courts in the US require mediation before cases can be heard.  

Typically one party or the other suggests the idea of mediation and a mediator is selected.  The parties split the fees of the mediator.  Mediation is usually voluntary.

The mediator meets with the parties together and apart to help explore possible settlement options.  Mediators are not judges and only help the parties decide how to move forward and not dictate or advocate any particular solution.

A full-time mediator will spend the day scheduling cases, reading backgrounds on disputes that he/she will hear, conducting mediations, writing notes and reports, and continuing to increase skill and competence.


FYI the best online resources are found here:

http://www.mediate.com/

and here:

http://adrr.com/

Other excellent information resources may be found at these professional organization sites:

American Bar Association:

http://www.abanet.org/dispute/home.html

American Arbitration Association:

http://www.adr.org/


Good luck!