JAMS ADR Insights
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A Practical Guide for Clients and Attorneys Approaching their First Mediation
This article was written specifically for both attorneys and clients, respectively, approaching their very first mediation.
Mediation has become an increasingly popular, if not preferred, method of resolving disputes, offering a more efficient, cost-effective and collaborative alternative to litigation. For clients and attorneys approaching mediation for the first time, the process can feel unfamiliar and even intimidating. With thoughtful preparation and a clear understanding of what to expect, mediation can be an efficient and mutually satisfying choice for resolving all types of disputes.
The purpose and process of mediation
At its core, mediation is a confidential, voluntary structured negotiation facilitated by a neutral third party—the mediator—who helps the parties reach a mutually acceptable resolution. Unlike a judge or arbitrator, mediators do not deliver a decision. Instead, they guide discussions, attempt to stabilize emotional elements, identify common ground and help straighten out misunderstandings.
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