Also known as: mediator · mediate · mediates · mediated · mediating · mediations · alternative dispute resolution · ADR
Written by attorneys · grounded in primary & secondary sources — see below
A method of nonbinding dispute resolution involving a neutral third party who assists disputing parties in reaching a mutually agreeable solution. The mediator facilitates communication, clarifies issues, and explores options without imposing an outcome. Service as a mediator constitutes acting as a third-party neutral under applicable professional conduct rules.
Maya Malik, a sitting state judge, receives a request from former litigants to mediate their ongoing contract dispute outside court. She declines because the rules prohibit her from serving as a mediator apart from official duties. The parties must select a private mediator instead.
Mustafa Mahmoud previously served as mediator in a commercial dispute between Morgan Financial and Maxwell Manufacturing. He now seeks to represent Morgan Financial in related litigation. The parties provide written informed consent after full disclosure, allowing the representation to proceed.
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Monica Morgan, a lawyer, agrees to mediate a partnership dissolution between Madison Meyers and Malcolm McKinley. She explains at the outset that she represents neither party and will only facilitate their agreement. Both parties confirm they understand her limited role before discussions begin.
Textile Workers Union representatives and Lincoln Mills management enter mediation over a grievance concerning work assignments. The mediator helps identify common ground on scheduling without authority to bind either side. The process yields a tentative agreement that both parties later ratify.
Circuit City employee Marco Marquez and the company submit a wage claim to mediation under their employment agreement. The mediator assists the parties in narrowing issues and exploring settlement options. The process concludes with a signed agreement that avoids arbitration or litigation.
The National Mediation Board oversees mediation between an airline and its mechanics union over contract terms. The assigned mediator coordinates sessions and documents proposals. The process continues until the parties either reach agreement or exhaust statutory procedures.
A judge may not act as a mediator apart from official duties unless expressly authorized by law. This restriction prevents conflicts with judicial responsibilities and maintains public confidence in the judiciary.
A lawyer may not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a mediator unless all parties give informed consent confirmed in writing. The rule protects against misuse of confidential information gained during mediation.
A lawyer serving as mediator assists parties who are not clients to reach a resolution and must inform unrepresented parties that the lawyer is not representing them. The role is limited to facilitation rather than advocacy.
Mediation is nonbinding. The mediator has no power to impose a decision, and any agreement reached requires the parties' voluntary consent to become enforceable.
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