In the last few years, alternatives to the use of litigation for dispute resolution have gained acceptance by attorneys. There are many different methods of alternative dispute resolution, but the focus of this article will be on mediation as a dispute resolution tool.

In what way does mediation proceed? The claimant and the respondent make an appointment with a neutral third person (the mediator) who facilitates their discussion about the dispute to mutually reach a solution to the conflict. The parties are encouraged to not focus on the concept of winning or losing in mediation because the parties voluntarily agree to a settlement. The role of the court in mediation may be to enter an order making the terms of the parties' mediated agreement binding on them, but the court itself does not exercise decision making power over the parties. One should recognize that while a court may mandate mediation as a first attempt to resolve a dispute, the court will not require litigants to finalize their case through mediation. They must simply make a good faith effort reach a resolution through mediation.

A common area in which mediation is used is family law (in fact, local court rules requires that people first attempt to resolve custody disputes with mediation). Mediation is used in many types of cases other than family law, such as construction litigation, personal injury disputes and employment matters. A construction dispute that might otherwise be litigated in court over a period of years could possibly be resolved through a few sessions of mediation. Mediation is not guaranteed to resolve problems. When it is successful, however, the savings to the parties in terms of time and money can be tremendous.

A law degree is not required for one to be a mediator. If the mediator is a lawyer, the mediator must not impart legal advice to the adverse parties. Rather, the mediator facilitates the communication between the parties. He or she listens to both sides of the story, helps identify the issues that need to be resolved, and guides the parties to communicating and coming to a mutual agreement for resolution. The parties' respective attorneys may be present at the mediation, but the mediator operates outside the influence of the attorneys.

Mediation is much quicker than litigation in the courts. The time between filing a lawsuit and the trial date in Stephenson County, Illinois can be up to two years depending on the case. Conversely, a mediation session may last only a few hours. Mediators' fees vary greatly, but are generally less than attorneys' hourly rates. Sometimes, the parties must split the mediator's fees equally. Therefore, mediation is usually a significantly less expensive alternative to litigation. Ask your attorney if you are interested in mediating a dispute.