Mediation is a process that falls under the umbrella of so-called “alternative dispute resolution,” along with arbitration and a few more esoteric processes. The term “alternative dispute resolution” begs the question — alternative to what? The answer is traditional litigation, typically a civil lawsuit filed in court and ultimately decided by a jury. Most people outside of lawyers in practice areas that frequently use mediation have a limited understanding of the process. If you Google the word “mediation,” you’ll find as many articles about meditation as mediation. This article will cover the basics of mediation, particularly in the area of employment disputes, and will provide five reasons why anyone who finds themselves in such litigation — as a plaintiff or defendant — should seriously consider mediation.
Mediation is a negotiation between two or more parties facilitated by an agreed-upon neutral third party (the mediator). This is distinguishable from arbitration, where two or more parties engage a neutral third party to hear and decide a case, essentially acting as a private judge and jury. Unlike arbitration, mediation is not binding and only results in a settlement if both parties agree; either party is free to walk away from the negotiation at any time. In the United States, mediation became popular in labor disputes in the 20th century and later became prevalent in specific legal areas such as divorce and child custody. In the past 20 years, mediation has...
During August 2026, a series of misleading, fabricated and falsely contextualised claims circulated across social media platforms and media accounts in Bharat. The claims covered electoral rolls, ...