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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

What role does a mediator play in a dispute?

When dealing with a dispute, it may feel like things get out of hand quickly. This is part of the reason why so many people jump to litigation despite not having any true reason to take their issue to court.

Of course, dealing with a court case can cause a lot of financial issues and emotional and mental stress. Instead, it is prudent to focus on other potential ways of solving a dispute first. Mediation may serve as one of these ways.

The power of a mediator

Harvard Law School discusses the way mediation may work within a lawsuit. Mediation is an alternative form of dispute resolution which relies on the ability of you and the other parties to essentially work through things on your own, with some outside help from a mediator.

A mediator does not hold the sort of power that an arbitrator or judge has. While a judge can pass down a legally binding decision that all parties must follow, a mediator cannot make these decisions and has no legal power to force you into action.

The purpose of mediation

Instead, a mediator acts as a referee as you and other parties work through your dispute together. They may step in to ensure tempers do not spiral out of control. They will often step in if one person seems to get butted out of the conversation and does not get their fair time to say their piece.

They also provide valuable insight as an unrelated third party with no stakes in the matter. This neutrality can give them a unique perspective with which they can share answers and solutions that other parties may not have thought up on their own, making them valuable assets in dispute resolution.