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An Explanation of the Mediation Process

January 28, 2014

Over the course of her legal career, attorney Lisa Poursine has represented a number of clients in the mediation process. Lisa Poursine currently counsels clients as a member of the insurance defense law firm, Mintzer Sarowitz Zeris Ledva & Meyers.

In the legal process, mediation refers to an assisted discussion between disputing parties. It is often attractive to parties in divorces, discrimination claims, and similar disputes in which parties desire to avoid litigation. Its key elements include a collaborative approach, in which no party has more power than the other, and a commitment to neutrality on the part of the mediator. The mediator assumes responsibility for collecting information and presenting possible solutions, though he or she does not grant a decision, as is the case in arbitration. Instead, the disputing parties review the presented solution and sign a mutually acceptable mediated agreement.

Mediation is both voluntary and non-binding, which means that all parties must be willing to participate throughout the process. It is also confidential to the extent determined by both parties, which means that materials and information involved remain inadmissible in any future litigation. Because it is an active process dependent on the willingness and participation of both parties, it carries a statistically high level of compliance both throughout the mediation itself and in regards to the final agreement.

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From → Lisa Poursine

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