Mediating a Dispute Can Save Time, Money

February 2010 –

If you’re involved in a dispute and want to settle it outside of court quickly and inexpensively, mediation may be for you, according to the Illinois Judges Association (IJA) headquartered here.
Mediation is a voluntary process in which two or more parties work with an impartial third party – the mediator – to resolve their conflict. Mediation is held in a private room rather than a public courtroom and may take from an hour to several sessions to complete. Illinois law mandates that mediations be confidential.

“Among the many benefits of using mediation is that it can resolve the problem but not necessarily end the relationship,” says Judge Stephen A. Schiller (retired), a mediator. “There are no real winners or losers. It’s about finding a solution that works for both parties.”
Mediation is typically used to resolve disputes involving tenants and landlords, families, neighborhoods, juvenile offenders, the workplace, corporations, contracts, employment, construction, real estate, health care and houses of worship.

“The mediator’s role is to facilitate communication between the parties,” states mediator James Henry, a retired Cook County judge. “Mediators do not advise, take sides or render a judgment. Instead, the mediator works with all the parties to help them reach a mutually acceptable resolution.”

Retired Cook County Judge Karen Shields, a mediator, says that “No one gets everything he wants in court or in mediation. At least in mediation, each party can determine what is most important to him. The parties take control of their own situation.”

There is no time limit set on the length of a mediation. Any materials the participant feels are necessary to help explain issues may be brought to the mediation. Mediation can occur with or without attorneys, though attorneys frequently attend to advise their clients. At the conclusion of a mediation, both parties sign an agreement which is legally binding.

Mediators are trained professionals from various professional backgrounds such as attorneys, social workers, psychologists, human resource specialists, teachers, executives, ministers, doctors, and police officers, among others. Retired judges often serve as mediators because of their experience and knowledge.

Important factors in the choice of a mediator include experience, reputation, educational credentials, mediation training, apprenticeships, gender, age, cultural background, knowledge of a particular field, and accreditation by mediation organizations.
Judge Shields advises participants to consider their own expectations and goals for the mediation and a mediator’s style.

“Some mediators will suggest options, while others refrain from offering opinions so that the parties feel more responsible for the agreement,” she states. “The best way to determine a mediator’s approach is to interview one or two in advance of the mediation itself. Most mediators can help you understand what services might be best for your dispute.”

The Illinois Judges Association, formed in 1971, provides continuing legal education to members of the judiciary and education to the public on matters regarding the judiciary. The IJA is headquartered at 321 S. Plymouth Court, Chicago, IL 60604-3997, and can be reached by calling (312) 431-1283 or by logging onto their Web site at www.ija.org.