Mediation is a process in which a neutral third party assists opposing parties to reach a voluntary, negotiated settlement.

No person who knows either of the parties or has any interest in the dispute can serve as mediator in a dispute.

The decision to mediate a dispute is voluntary for both Complainant and Respondent.

The mediator does not arrive at a resolution; the parties do.

Mediation is not a trial and is not an opportunity for anyone to testify or conduct discovery. Mediation, however, does give the parties an opportunity to tell their version of the events regarding the civil rights dispute and to perhaps clear up misunderstandings.

Mediations generally are completed in one session with the session lasting for approximately one to five hours.

The mediation process is confidential and information disclosed during the mediation cannot be revealed to anyone other than the parties and facilitators.

Mediation is effective and allows for an early resolution of the dispute.

Oral and written communications made in preparation for and during mediation are confidential and are not admissible in any court or administrative proceeding unless otherwise admissible, discoverable, or agreed to by the parties.

Mediation is less costly if parties seek to be represented by an attorney.

Parties may have an attorney or other representative accompany them or represent them at the mediation session but are not required to be represented.

Mediation allows for monetary recovery but also often provides for more creative settlement options than those imposed by a fact finder.

The process is extremely fair since mediators are neutral parties with no interest in the outcome.

A final written agreement is legally binding and enforceable in court.

Mediators for the Davenport Civil Rights Commission are attorneys who volunteer their time to mediate civil rights disputes or are trained facilitators from the Mediation Center.

Mediation can occur at any time during the complaint process provided both parties agree

Both parties are required to participate in the mediation process in good faith.

Mediations help parties in recognizing the strengths and weaknesses of both sides of the case and help parties to consider the risks and costs of resolving a dispute before a judge or jury.

Success rates are high in all of the areas in which mediation is utilized.

Data compiled in preparing the Davenport Civil Rights Commission annual report for 2005 reveals that 70% of the cases that agreed to mediate during the year were resolved in mediation.