What is Meditation vs. Negotiation in Circuit Court and Federal Court?

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  1. The difference is that, in mediation, there is a third party actively engaged in helping the parties negotiate a settlement. It may be a court-appointed mediator or a mediator selected by the parties. Courts will sometimes order mediation.
    The parties can negotiate on their own without the help of a mediator and the term negotiation would then apply to what they are doing.

  2. Ditto to what Larry P stated. Mediation is also non-binding meaning you do not have to accept the settlement offer. You can continue with your litigation and or consider arbitration which is binding(you cannot appeal the decision).

  3. The above answers are correct, but I will attempt to phrase it differently here. Suppose you and I are involved in a legal or business issue and we have a difference of opinion. If we negotiate it, we will sit down together and discuss an agreement (usually give and take between us) until we are each satisfied that what we now have is fair. If we cannot agree, then we can use mediation. There are two basic types now. Binding and non-binding. We usually would agree on a third party individual to sit in and we each present our side of the disagreement. The mediator will take in all pertinent data and facts, consider all aspects and then render a decision. If we have agreed to a binding mediation, that means that whatever is decided for both of us through the mediator is now considered final and we abide by the rules and conditions set forth. In some cases, this cant be done so it is considered nonbinding and the losing party has the right to appeal this in court. I hope I have somewhat explained this so you have a better understanding of the difference.

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