Mediation is a negotiation facilitated by a neutral third party such as a retired judge. Mediation uniquely involves only the disputing parties (and their attorneys or representatives) along with assistance of the neutral to reach resolution. Before attending mediation, the parties may or may not agree to exchange mediation briefs to tell their side of the story, their arguments and their facts. Unlike arbitration, mediation doesn’t involve decision making by the neutral third party. If the parties reach a settlement, mediation is successful. Mediations can last half of a day, a full day, two days or more depending on the dispute and the parties.
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