What is Mediation and When is it Needed?

Mediation is a form of alternative dispute resolution (ADR) where a neutral third party — the mediator — helps two or more parties resolve a legal dispute outside of court. It’s voluntary, confidential, and usually less formal and costly than litigation.

When Is Mediation Needed?

Mediation can be useful in a wide range of situations, especially when parties want to:

Avoid court – Mediation is often faster and cheaper than a court trial.
Preserve relationships – It’s common in family, business, or neighbor disputes where parties need to maintain some ongoing relationship.
Have control over the outcome – Unlike a judge or jury, the parties themselves craft the solution in mediation.
Resolve matters privately – Mediation sessions are confidential, unlike court hearings which are typically public.
When It is Contractually Required- In Nevada if a contract contains a mediation provision, such as real estate, business or services contracts, you MUST mediate before.

Common Legal Areas Where Mediation Is Used:

Divorce and family law (child custody, visitation, property division)
Business and Contractual disputes (partnership disagreements, contract issues)
Workplace conflicts
Personal injury claims
Landlord-tenant disputes
Real estate and construction conflicts

How Does It Work?

A neutral mediator guides the conversation, ensures both sides are heard, and helps brainstorm solutions.
The mediator does not make decisions — they facilitate agreement.
If a resolution is reached, it’s usually written into a binding settlement agreement.

Mediation and arbitration are both forms of Alternative Dispute Resolution (ADR) — meaning they help resolve disputes without going to court — but they work very differently.

🔹 Mediation

What it is: Mediation is a collaborative process where a neutral mediator helps the parties talk through their dispute and find a mutually acceptable solution.

Key Features:

✅ Voluntary: Usually both parties agree to mediate.
✅ Non-binding: The mediator doesn’t make a decision; the parties create their own agreement.
✅ Confidential: Discussions stay private.
✅ Relationship-focused: Often used where ongoing relationships matter (e.g., family, business).
✅ Flexible: Parties control the outcome.

Think of it as: A guided conversation that helps opposing parties compromise and move forward.

🔹 Arbitration

What it is: Arbitration is a private legal process where a neutral arbitrator (or panel) hears evidence and arguments, then makes a binding decision (like a private judge).

Key Features:

✅ Binding or non-binding: Most often binding, meaning the decision is final and enforceable like a court judgment.
✅ Less formal than court, but more formal than mediation.
✅ Faster than court, but usually more expensive than mediation.
✅ Common in contracts: Many agreements have arbitration clauses built in (e.g., employment, consumer, or business contracts).