Frequently Asked Questions About Mediation

What is mediation?
What you need to know about mediation (what it is and what it is not)
Why should I use mediation?
What if the other side gets out of control?
What if I do not reach an agreement?
What if the other side later refuses to follow the agreement?
Are there different types of mediation?
What is the most commonly used form of mediation?
How do I find out what approach a mediator uses?
What should I consider in selecting a mediator?
What is “family” mediation?
What is the difference between an arbitrator and a mediator?

What is mediation?
Mediation is a confidential process that assists parties in talking about their disagreements. With the help of a person who is neutral, you and the other party(ies) in mediation

• focus on the reasons for the disagreement,
  
• discuss what each party would like to see happen in order to resolve the disagreement,
  
• listen to each other, and
  
• if you and the other party(ies) agree, resolve the problem.
  

Mediation is voluntary.

What if the other side gets out of control?
The goal for mediation is to set up a safe, confidential, and controlled environment. The participants and/or the mediator can set ground rules to maintain an atmosphere of mutual respect. If one side gets out of control verbally, the mediator will address the problem. If someone gets out of control physically, the mediator will take appropriate steps, most likely by terminating the session or calling the police.

If you and the other party(ies) feel uncomfortable around each other, it is possible for the mediation to proceed with the parties in separate rooms. The mediator meets with each side individually to discuss the conflict and carries the information back and forth without the parties meeting face to face.

What if I do not reach an agreement?
If an agreement is not reached, there is no penalty. If no agreement is reached, the parties have several options.

1. You can leave the matter unresolved and move forward.
2. You can reschedule another mediation session and continue to discuss the unresolved issues.
3. You can move to another process, such as arbitration. See a comparison of mediation and arbitration.
4. You can file a lawsuit or if the matter is already in court, proceed to trial on the court case and let the judge resolve the matter.

The parties have the option to continue with the mediation sessions or discontinue them. In a court-referred mediation case, the mediation is simply reported as unsuccessful and the case moves forward in the courts.

What if the other side later refuses to follow the agreement?
Often participants will include in the agreement what is to happen if one side does not comply with the agreement. If the agreement does not include such a provision then you need to decide how important the failure to follow the agreement is to you. That is, is it only one small part of the agreement, or a major part of the agreement. If you decide that the failure to follow the agreement is important to you, there are several things you can do:

1. You can ask the party to return to mediation to see if you can resolve the disagreement. Try to anticipate this problem by addressing this issue in the agreement itself. You can include a provision in the agreement that allows for more mediation sessions if one side is not following the agreement.

2. The signed agreement that you and the other party entered into is considered a contract. You can ask a court to find that the contract was broken and order the other side to follow the agreement. To do this you may want to talk with a lawyer first about how to proceed and decide whether you want a lawyer to help you.

Source: Maryland Legal Assistance Network and the Center for Dispute Resolution at the University of Maryland

Last review date: 1/23/03 (MLAN/AC/JT) (C-DRUM/RW)

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