Mediation is a form of alternative dispute resolution. It is a process for resolving disputes by which an independent, neutral mediator assists the parties in reaching a mutually satisfactory settlement. The mediation process is entirely voluntary and non-binding.
If the mediation fails and you do not reach an agreement or settlement, you can still take the issue to court. Parties do not give up their right to litigation if they want to resolve the dispute in mediation first.
The mediator has no power to render a decision or to force the parties to accept a settlement. Unlike a judge or an arbitrator, the mediator won’t decide the outcome of the case. The mediator’s job is to help disputants resolve problems through a process that encourages each side to identify the strengths and weaknesses of their case.
No. Mediators are not required to possess a law degree–although many mediators are lawyers as well, and they have a duty to disclose this information to the parties. Lawyer/mediators cannot act as an attorney while operating in the official capacity of a mediator.
Private mediators set their own hourly rates. Most mediators require a deposit equivalent to an hours worth of time prior to the start of the mediation. Many communities offer low/no-cost services through their dispute resolution centers.
Mediation can be used to resolve disputes of any magnitude. While there is no guarantee, skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, and suggest solutions that the parties might have overlooked.
Mediators help clients discuss their needs and interests in order to reach a mutually satisfactory agreement. The parties have the option of attempting to work out a settlement with or without an attorney present. In domestic mediation cases, for example, parties can develop creative, lasting settlements that reflect their family’s needs, priorities and values. Often these agreements are far more creative than what they can attain at court. Most importantly, the parties can retain control of their family decision-making, with the assistance of trained professionals. Mediation is conducted in the privacy of a conference room. Full disclosure is required and the information that is exchanged is kept confidential.
In arbitration cases, a neutral attorney (chosen by the parties and their attorneys) hears all sides of a dispute, reviews the facts and the law, and issues a decision which is binding. Parties agree to arbitration in advance, through a court order. Attorneys must be present for the hearing. Which issues the arbitrator has authority to decide are stated in the court order. Once the arbitrator issues a decision, it is submitted to a judge. That judge must approve it, except in the rare cases where the arbitrator broke important rules. Typically, however, the arbitrator’s decision cannot be appealed.
COVID19: Virtual mediation are available. TBA will also conduct face-to-face mediations with proper safety precautions taken.
