Mediation

Richard Birke

Mediation is a form of dispute resolution in which a third party with no interest in the outcome of a dispute and with no authority to dictate the result of a dispute facilitates a dialogue between the disputants. The dialogue is less formal than a contested hearing, and rules of evidence and procedure are substantially more relaxed than what one would expect to find in a court hearing. Mediation is used in virtually every type of dispute, from the smallest local tort case to the largest complex international affair. Mediation is used primarily to resolve disputes, but it has applications in dispute prevention, transactional bargaining, and planning. Mediation is most often used in discrete civil disputes such as divorce, problems between neighbors, employment problems, and commercial transactions gone awry, but it is also used in large-scale environmental cases, in disputes with governmental agencies (including, among others, the U.S. Internal Revenue ...

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