What is Mediation?
Mediation is a confidential and “out-of-court” procedure which gives parties involved
in a dispute a chance to meet and negotiate a resolution to their conflict with
the assistance of a trained mediator.
Agreements that are reached during the course of a mediation session could include:
repair, return or replacement of property, acceptance of social service referrals,
payment of medical expenses, or arrangements to modify or cease specific behavior.
In most cases, the mediation process can be very healing as it allows participants
to address the underlying issues that gave rise to the dispute, without the formalities
or restrictions of the courtroom.
Mediation is where two or more people, who are in conflict, get together to discuss
their problems, trying to resolve them with the help of a neutral person - the mediator.
The mediation session provides a structured, confidential setting designed to assist
persons in working out their own problems. The purpose of mediation is not to judge
guilt or innocence, but to help parties get at the root of their problems and devise
their own resolution to them.
The difference between mediation and court processing are significant. In a court
case, guilt or innocence must be proven. In mediation, however, proof is not required;
the objective instead is to resolve a dispute by reaching a settlement that is agreeable
to both parties.
Mediation allows participants to address the underlying issues that caused the dispute
without the formality or restrictions of the courtroom. Therefore, mediation can
be very healing. Mediation is not bound to the rules of a formal system and disputants
retain the responsibility to make the final decision regarding the outcome of their
Mediation has proven effective when:
- Situations or issues are so great parties are unable to organize or focus on proper
- A dispute involves such a great number of parties that a moderator is required.
- Parties involved in the conflict are not familiar with problem-solving procedures.
- There are no laws, rules, or regulations to explain how the situation should be
- False perceptions, poor communication, or intense feelings are involved.
- Parties do not want to use the legal system due to cost, time, publicity, or uncertain
Filing Your Complaint
You may file your complaint by telephoning the Restorative Justice Center at (515)
286-3057. The intake worker will record all of the information you provide such
as dates, times, names and addresses.