What Mediation Is Not


1. A proceeding emulating a trial in any way. In mediation: No subpoenas. No judges. No juries. No third party decision makers.

2. Choosing others (any number of persons) to arbitrate your dispute, listen to evidence, and render a binding decision.

3. A proceeding that includes presenting evidence and requesting discovery, which are anathema to an effective mediation. Unlike arbitration or litigation, mediation normally requires each party to present only a short narrative brief at the outset of the mediation, solely to assist the mediator.

4. Hiring trained negotiators to flexibly deal with the parties’ issues as they wish.

5. Open hearings and proceedings where otherwise confidential information is shared with all the other parties. Mediation allows for the collection of confidential information from each party, without having the other party having access to what was set forth unless agreed to.

6. A proceeding extending beyond a few hours or a few days to resolution.
©2013 International Trademark Association
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