We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Are the Best Mediation Techniques?

Leigia Rosales
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject-matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Many courts either order, or offer, mediation as an alternative to litigation that gives the parties to the lawsuit the opportunity to reach an agreement outside of the court. In most cases, a mediator is a lawyer who has received specific training on how to mediate legal disputes. A mediator is a neutral party and does not make legal decisions. His or her only function is to try to assist the parties to the lawsuit to reach an amicable agreement. The best and most efficient mediation techniques include information gathering and listening, as well as educating and negotiating.

Mediation may be mandatory or voluntary, depending on the policy of the court or the law in the jurisdiction where the case was filed. Mediation is commonly ordered in contested divorce cases, contract disputes, and will contests, among other types of legal cases. As a rule, mediation is not binding on the parties, meaning that, if the parties do not reach an agreement, then the case will simply proceed to litigation in the court.

Gathering information is among the most important mediation techniques. Although the parties will have an opportunity to submit relevant information prior to the mediation, a good mediator will usually spend a considerable amount of time with each party at the beginning of the mediation trying to gather information and understand each party's point of view. The mediator will usually want background information on the lawsuit, as well as to get an idea of each party's bottom line.

Listening to the parties involved in the mediation is another of the crucial mediation techniques. The mediator must understand what each side is trying to achieve in order to be effective. He or she must be able to clearly and concisely express each party's issues to the other side during the negotiation phase of the mediation. The only way a mediator can accomplish this is by listening carefully to each side both before, and during, the mediation session.

Educating the parties to a mediation is frequently another of the many necessary mediation techniques. Although parties to a mediation are often represented by an attorney, they are not required to be. As a result, a good mediator must understand the law and is often required to educate a party regarding his or her legal position during a mediation session.

A good mediator can claim negotiation skills among his or her mediation techniques as well. While a mediator does not take sides, he or she is responsible for negotiating on behalf of both sides in an attempt to reach an agreement. A good mediator will know how to negotiate from a position of neutrality and reach a mutually acceptable agreement.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.
Discussion Comments
Leigia Rosales
Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.