MEDIATION - ARBITRATION - (ALTERNATIVE DISPUTE RESOLUTION or "ADR")
As the court has defined, mediation is a dispute resolution process in which an impartial third party - the mediator - facilitates negotiations among the parties to help them reach a mutually acceptable settlement.
The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not make a decision about the outcome of the case. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable.
The purpose of mediation is not to decide who is right or wrong. Rather, its goal is to give the parties the opportunity to:
express feelings and diffuse anger,
clear up misunderstandings,
determine underlying interests or concerns,
find areas of agreement and ultimately incorporate these areas into solutions devised by the parties themselves.
Similar to New Jersey, New York suggests that many disputes can be settled through alternative dispute resolution (ADR) -- mediation or arbitration. The link provided brings you to the court's website which will connect you to further information on court based ADR programs in Family Court (parenting issues in custody and visitation cases); Criminal Court; Supreme Court (includes divorce, personal injury); and Civil Court (includes housing, small claims). You will be pointed away from this website by clicking on this link for further information on New York Court ADR programs.
What is important to dispute resolution is that the mediator or arbitrator exhibit calmness, authority and optimism.
