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1. How does the mediation process work?

Simply defined, mediation is a process wherein a trained neutral assists parties in developing a cooperative, self-determined resolution to the issues in their dispute. Typically sessions are confidential with no statements revealed to anyone not a party to the mediation. As a non-adversarial method of dispute resolution the goal of mediation is a “win-win” conclusion that derives from the mutual interest of the participants rather than a “win-lose” outcome resulting from a third-party decision.

Parties retain their ability to obtain a resolution to their dispute in situations when mediation does not result in a settlement. In a court-referred case, for example, issues not resolved in mediation are heard by the court and decided on by a magistrate, judge, or jury. Similarly, parties with a complaint about follow through on a mediated agreement are often entitled to relief in court.

2. What roles do the participants have in a mediation session?

The mediator is responsible for creating the atmosphere for productive discussion, conducting the process in such a way that the participants are able to communicate effectively with one another concerning the issues to be resolved and possible options to that resolution. The parties to the dispute as well as those assisting them such as attorneys are active participants throughout the mediation and assume the task of developing an outcome that is agreeable to all. Unlike going to court, where a judge or magistrate makes the final decision, the parties have control over the outcome and decide how to settle their dispute.

3. How confidential is mediation?

According to Ohio law, mediation communications are, with some exceptions, privileged and will not be permitted in court. Additionally, the parties may agree that all their discussions during a mediation session remain confidential. In situations where the court has ordered that mediation be attempted, the mediator may submit a report to the court stating that the mediation took place and that the matter did or did not settle. Otherwise, the mediator discloses nothing to the court.

4. What types of disputes are appropriate for mediation?

All disputes are "appropriate" as long as the parties are willing to engage in the process. Though an ultimate settlement of the dispute may not be achieved, the exchange of communication, clarity, and opportunity for understanding of the issues and possible outcomes can be advantages in and of themselves. Examples of factors that are taken into consideration in making the decision to mediate include the ability and willingness of the parties to communicate effectively and the legal nature of the issues involved.

5. How does mediation differ from other types of dispute resolution?

The clearest distinction between mediation and similar means of addressing disagreements lies in who makes the decision. For example, the arbitration process results in a ruling by the third party (in this case the arbitrator) which may or may not be binding on the parties. In mediation the decision is made by the parties themselves.