What is the purpose of mediation?

The purpose of mediation is primarily to provide a private, informal setting where parties involved in a dispute can engage in dialogue and work collaboratively towards reaching a mutually acceptable agreement. Mediation is characterized by its emphasis on voluntary participation and cooperation, allowing each party the opportunity to express their needs and interests in a non-confrontational environment.

By facilitating discussion, a mediator helps to clarify issues, identify common ground, and foster understanding, which can lead to innovative solutions that might not have emerged in more adversarial settings like court. This process is designed to empower the disputing parties, enabling them to take an active role in resolving their conflict rather than having a solution imposed upon them by a judge or arbitrator.

This stands in contrast to formal court proceedings that are more structured, often adversarial, and may result in a legally binding decision that does not necessarily address the underlying interests of the parties involved. Mediation is also not intended as a method of enforcement of legal penalties or as a primary tool for enhancing communication outside the context of conflict resolution. Rather, it is fundamentally a collaborative approach aimed at achieving consensus and remedying disputes.