“Mediation” represents a form of alternative dispute resolution (ADR) used within the legal system. It is a process where a neutral third-party, the mediator, assists two or more disputing parties in negotiating a settlement. Mediation can be applied to various domains, including commercial, legal, diplomatic, workplace, community, and family matters.

In more specific terms, mediation possesses structure, timetable, and dynamics that regular negotiation lacks. It is a private, confidential process, often enforced by law, and is typically voluntary. The mediator’s role is facilitating the process rather than directing it, employing different techniques to initiate or improve dialogue and empathy between the disputants. The objective is to help the parties reach a mutual agreement. Much of the process effectiveness relies on the mediator’s skill and training, making it essential to engage certified, professional mediators committed to the discipline.

At Wasatch Defense Lawyers, while our focus is on criminal law, we recognize the value of mediation in resolving disputes that might be related to our field, such as disputes over evidence, potential plea bargains, or matters of restorative justice. Mediation often results in high compliance due to the mutually agreeable nature of the resolution, and it preserves the relationship between the involved parties. Mediating parties are generally willing to shift their positions, opening up understanding for the other party’s viewpoint. The mediator’s role as a neutral facilitator helps guide the parties through the process, often proposing solutions that might not emerge in a more formal court setting. This process not only reduces costs and saves time but also keeps the dispute confidential, unlike court hearings that are public.

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