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Mediating Disputes in Oregon

What Mediation Is

Mediation is a consensual process in which an impartial third person assists two or more disputing parties in reaching a voluntary agreement which resolves a dispute or provides a framework for future relations between the disputing parties. The mediator helps the parties identify their individual needs and interests, clarify their differences, and find common ground.

In mediation:

• The parties are the decision makers; the mediator has no authority to render a decision.
• The parties determine the issues that need to be addressed; the mediator guides the process and maintains a safe environment.
• The mediator models and facilitates active listening skills.
• The mediator does not give advice to the parties, legal or otherwise. However, the mediator may help the parties generate options for mutual evaluation, possibly with the advice and assistance of another professional.
• The process is confidential, with any exceptions disclosed and discussed prior to beginning a mediation.
• The success of mediation rests on the willingness of the parties to work together on finding solutions that meet each other's needs.

What Mediation Is Not

Mediation is not litigation. Litigation is the formal legal process in which parties use the court process to resolve their disputes. The judge or jury determine the outcome of this process, unless a negot