Sometimes to save money or protect a relationship, it may be useful to resolve a dispute collaboratively instead of going to court.

Mediation is a problem-solving technique that allows parties to work together to form their own solution to the problem. Most mediations are completed in one or two sessions that are both confidential and non-binding. The parties can still proceed to arbitration or litigation if the dispute is not resolved in mediation.

In selecting a mediator, consideration should be given to the mediator’s...

• Reputation
• Experience
• Training
• Areas of expertise or concentration
• Certifications

To find a mediator, consider contacting a mediation service or a community mediation center, if one is available, that offers low-cost mediation services. If the dispute involves a business, the local Better Business Bureau may offer a mediation program. Your lawyer may be able to serve as a mediator or may have worked with several mediators and can recommend one.

Mediation includes several stages:

1. The mediator sets the stage with an opening statement, explaining the rules and goals, and encourages each side to work towards a mutually acceptable goal.
2. Each party is then invited to describe the nature of the dispute and some ideas about how it can be resolved.
3. The mediator encourages the parties to address the dispute more in depth with each other.
4. The mediator then meets with each party privately to discuss the strengths and weaknesses of the person’s position and ideas for settlement.
5. The mediator brings the parties together to negotiate directly. If an agreement is reached, each party may be asked to sign a written agreement, or the mediator might suggest that they take it to their lawyers for review. If no agreement is reached, the disputing parties determine whether to meet again. If not, arbitration or going to court may be the only options remaining to settle the dispute.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.