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Why Mediation?

Mediation provides an opportunity to resolve disputes before appearing in court. While reaching an agreement is always voluntary, the process helps participants clarify their needs, better understand the other party’s perspective, and prepare more effectively for court if necessary.

"The courts of this country should not be the place where resolution of disputes begins. They should be the place where disputes end after alternative methods of resolving disputes have been considered and tried."

- Justice Sandra Day O’Connor

What is Mediation? – Office of Civil Rights

What is Mediation?

Mediation is a process by which an impartial third party - a mediator - facilitates the resolution of a dispute by promoting mutual, voluntary and informed agreement. The mediator facilitates communication, promotes understanding, focuses the parties on their interests, and fosters creative problem solving.

 

Likewise, mediation is often called "alternative dispute resolution" because the process is an alternative to going to court. However, where a court judgment is made to settle a case, mediation establishes a resolution to settle the dispute, and the resolution is created by all parties who participate in joint-decision making. Mediation can be a first option for solving a dispute when all disputing parties agree to participate. Accordingly, mediation complements the justice system by relieving court burden, making the system more efficient, and by increasing access to justice.

Mediation in Action

Parties can participate with or without legal representation. CDRC mediators remain neutral—they do not give legal advice or advocate for either side. Instead, they guide the conversation, listen actively, and help identify common ground.

Procedures & Confidentiality

Mediation is

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  • PRIVATE - Only the mediator, parties, and their representatives or advocates may attend.

  • INFORMAL - No record or transcript is made. There are no subpoenas or judgments on the merits of the case.

  • VOLUNTARY - All agreements arise only from mutual consent.

  • CONFIDENTIAL - Protected under Montana law, Mediators cannot be called to testify, and information shared in mediation cannot be used in court.

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This confidentiality encourages open dialogue and creative problem-solving, allowing participants to speak freely and work toward genuine resolution.

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