Mediation
A voluntary, confidential process where a neutral third party helps the disputing parties reach a mutually acceptable agreement.
Notice: These services are intended for and work best with small claims matters, but the tools and guidance can be used for any civil matters that may benefit from alternative dispute resolution.
Mediation Confidentiality
All mediation communications and documents are privileged and generally cannot be used as evidence in subsequent legal proceedings.
42 Pa.C.S. § 5949
The Mediation Process
Agreement to Mediate
Both parties agree to participate. A written Agreement to Mediate establishes ground rules, confidentiality, and fee arrangements.
Select a Mediator
Choose a neutral, trained mediator. Both parties must agree on the choice. Consider using Allegheny County Bar Association or MCWP referrals.
Opening Statements
Each party presents their perspective on the dispute without interruption. The mediator sets the tone and establishes the process.
Joint Discussion
The mediator facilitates discussion, identifies common ground, and clarifies each side's interests and needs.
Private Caucuses
The mediator meets privately with each party to explore settlement options and overcome impasses. These discussions are confidential.
Resolution
If an agreement is reached, it is reduced to writing and signed by both parties. This becomes a binding contract.
Advantages of Mediation
Less expensive than litigation
Faster resolution (days or weeks, not months or years)
Confidential — protected by 42 Pa.C.S. § 5949
Parties maintain control over the outcome
Preserves relationships (important in business and neighbor disputes)
Higher compliance rates than court-imposed judgments
Flexible scheduling and informal atmosphere
Can address underlying interests, not just legal positions