Many people when confronted with a legal problem usually think "Oh no, now I have to get an attorney and go to court". This is not always the case. Due to a high volume of court cases, our judicial system saw the need to create an alternative dispute resolution system; an effective way to resolve legal issues outside the court room. The most recognized ADR is arbitration, but it is not the only one. Others include: Neutral Evaluator, Mediation, and Negotiation. Today I will be focusing on Mediation as an effective ADR.

As I said before, mediation is an ADR; it aims to assist 2 or more parties to reach an agreement. The process is usually a facilitative one, where the mediator uses his experience, skills and knowledge to assist the parties to find a mutually agreeable solution to their issue. He/she does not interfere during the process nor does it impose a resolution. The mediator role is purely to assist the parties. During the process the parties are free to speak their minds and to propose whatever solution they believe is best for their controversy however preposterous it may sound.

In comparison to arbitration, during a mediation the parties are in total control of what will be happening. During an arbitration, there is an individual, who to a certain extent mimics what a judge would do. Arbitrators adjudicate, meaning that they impose a decision for the parties, just like it would happened during a legal proceeding. This is not at all the case in a mediation, nobody adjudicates.

You are probably thinking, "Then what is the point of going to a mediation?" Well here are a couple of reasons:

1. For starters it is a more economical option to resolve your issue; and we all know that in these times we need to look out for our buck. Even though a mediator may charge a fee that can be compared to that of an attorney, keep in mind that the longer the issue takes to resolve, the higher your legal fees will be. Which brings us to our next point...
2. It is way faster than going through the whole court process. A case in the hands of a lawyer or filed in court may take months or even years to resolve, a case in mediation usually achieves a resolution in a matter of hours.
3. It gives you the opportunity to vent, speak your mind, not only to what you have a right to according to the law, but to what you feel or felt that lead you to the mediation. Plus there is the added benefit that there is no evidence needed to prove your point.
4. It is a process that is completely confidential. Only the parties involved and the mediator have knowledge of what happened. In fact, confidentiality is so important in a mediation, that a mediator cannot be forced to testify in court as to the content or progress of a mediation. Just like in Vegas, whatever happens in a mediation room, stays in the mediation room.
5. Last but not least, it is not necessary to have an attorney present, you can if you want to, but it is not necessary. You see here is where the mediator's role comes in. It is his/her job to to work as much with the emotional aspects and relationship aspects of the case as he/she is to work on the "topical" issues of the matter. The mediator guides the parties through the problem solving process. He/she should not give legal advice, although may present a possible legal outcome in accordance to the applicable law.

In conclusion, mediation is an informal process, where the parties involved work together, along a mediator to resolve their controversies outside a courtroom. Most civil matters, as well as some criminal issues may be resolved through mediation.

Most of the issues resolved via mediation today are:

• custody disputes
• alimony
• pensions
• malpractice
• breach of contract
• parental visitation rights
• partition of inheritance estates

So next time your thinking of getting a lawyer, think about mediation first.

Stay tuned, future blog subjects include, "How to choose a mediator." and "Is mediation right for me?"