In mediation, what is a key characteristic of the process?

Mediation is characterized primarily by the involvement of a neutral third party who facilitates communication and negotiation between the disputing parties. This neutral third party, often referred to as a mediator, helps to create a conducive environment for dialogue, encourages collaboration, and assists in finding mutually agreeable solutions. Unlike in litigation, where decisions are imposed by a judge, mediation promotes a voluntary resolution that is controlled by the parties themselves.

The process is non-binding, meaning that the mediator cannot make a decision for the parties, and any agreement reached is only enforceable if both sides consent to it. This unique feature differentiates mediation from other forms of dispute resolution and allows for more flexible and creative solutions that reflect the needs and interests of the parties involved.

Other aspects of mediation, such as the voluntary nature of participation and the confidentiality of discussions, further enhance its appeal in resolving conflicts amicably.