What Is Mediation?

Mediation is a process in which a neutral third person (the mediator) facilitates resolutions between individuals involved in a conflict.  The mediator does not determine guilt or innocence nor does he/she determine who "wins" or "loses".

In most instances, the case comes to the Mediation Services Department while it is still at an informal stage.  That is, a complaint has been brought to Juvenile Court but no formal charges have been filed.

The purpose of mediation is to give the participants the opportunity to solve the conflict themselves with the assistance of the mediator.

The mediator does not make any decisions for the participants but is there to help the participants come to an agreement that works for of them.

The Mediation process begins when Mediation Services receives a case referral from either a court official, a prosecutor, a judge, or a magistrate.  The coordinator schedules the case and mails notices to the parties explaining that mediation has been scheduled.  Telephone contact is then made with the parties to explain the process, answer any questions, and address any pre-mediation concerns.

On the day of the mediation, all participants come to the Mediation Services Department on the 3rd Floor at 373 S. High Street to meet with the mediator.  The mediator begins by explaining the mediation process and laying grounds rules for the discussions.  Each person is given an opportunity to be heard and to respond to the others at the mediation table.

Each person relates his/her perspective of what happened and answers questions about the incident. As needed during a session, participants may meet individually with the mediator. The mediator assists the participants in generating and exploring options to resolve issues in a mutually agreeable way.  If the participants can come to terms on a resolution, the agreement is written by the mediator and signed by the participants.  Each participant receives a copy of the signed agreement.

Everything that is said during a mediation session is confidential.  Neither the mediator nor the mediator's notes can be subpoenaed to Court.  However, by law, mediators are required to report any new allegations of abuse, neglect, or threat of bodily harm to a child.

The mediation session will last anywhere from 1-3 hours, depending on the issues that are being mediated.  The participants may meet for only one session or may be asked to return for additional sessions.

Any agreement that is reached must be voluntary on the part of all of the participants.  In other words, no agreement will be signed unless all of the participants are satisfied with all statements contained in the agreement.

If no agreement is reached, the case will be returned to the Family Assessment Department or to the Franklin County Prosecutor's Office.

Remember:  If the issues are given to the Court to decide, the parties are no longer in control of what happens with the case.