Most lawsuits settle, and many courts require mediation before trial. A mediator is a neutral — often an experienced lawyer or retired judge — who helps both sides reach their own agreement; an arbitrator decides the dispute like a private judge. Mediation is confidential, faster and cheaper than trial, and especially effective in family, business, employment and neighbor disputes.
What a mediator does
- Facilitates negotiation between the parties, together or in separate rooms
- Reality-tests each side’s position without taking sides
- Drafts the mediated settlement agreement
- In arbitration, hears evidence and issues a binding award
When you need a mediator
- You want to resolve a divorce or custody matter cooperatively
- A business or contract dispute is too costly to litigate
- The court ordered mediation before trial
- Your contract requires arbitration
Questions to ask before you hire a mediator
- What is your background in this type of dispute?
- How do you charge — half-day, full-day, split between the parties?
- Should I bring my own lawyer to the mediation?
- Is anything I say in mediation admissible later?
Find a mediator near you
Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.
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