Mediation is a form of Alternative Dispute Resolution (ADR) that is offered as an alternative to traditional litigation. Mediation is an informal means of resolving a dispute with the active, direct participation of the parties and the assistance of a mediator. The mediator has no authority to impose a settlement on the parties.

Because the mediator helps the parties come up with their own ideas for resolving their problems, the parties are able to control the outcome of the dispute resolution. The parties can establish better relationships through the improved communication and constructive problem solving that is part of the mediation process. Mediation saves time, money and judicial resources. Because the parties have crafted a solution that is acceptable to them, there is also a higher degree of compliance achieved through mediation.

All parties will be asked to sign an Agreement to Mediate prior to initiating a mediation session. The agreement states that the participants and the mediator agree to keep the session confidential, and that the participants agree not to compel the mediators disclosure of mediation communications or documents. In addition, under state law, 42 Pa.C.S . 5949, all mediation documents and communications are privileged (except for narrow exceptions). Confidentiality extends to all communications during the mediation process, unless otherwise provided for by law.

A mediators role is to facilitate communication and restate issues and needs in a clear and non-confrontational manner. The mediator may meet with the parties privately to discuss information the party does not wish to share with the other side. If necessary, the mediator can help to provide a reality check regarding unrealistic expectations of a participant, in a private setting. A mediator has a duty of impartiality. Mediators do not judge evidence or decide a case. Mediators do not decide the terms of any resulting agreement, but may assist the parties in drafting issues.

At any time during the mediation either party has the option to terminate the mediation and pursue a resolution in another forum such as an administrative tribunal or in the courts. However, both parties are still responsible for compensating the mediator for the actual time spent on and in the mediation.