WHAT IS MEDIATION?
Mediation is an alternative to litigation which gives you and the other party the opportunity to resolve your conflict without using the court process.
Mediation is controlled by the parties, therefore the number of sessions required depends upon the requirements of the parties.
During Mediation a neutral third party, called the Mediator, meets with the parties. The Mediator's role is to facilitate discussions between the parties and may at
times ask about topics the parties have not discussed. The Mediator's role is not to give their opinion, make decisions on behalf of the parties, or provide legal advice.
Many parties seek to resolve their dispute through Mediation because the decision-maker in Mediation is you - the party.
Using the court process to settle your dispute takes away your control to make decisions regarding your children, your finances, your business, your land, etc. and places the control in the hands of another.
Mediation can allow you and the other party to maintain control over your futures, avoid unnecessary fees caused by the litigation process, and resolve your conflict in a respectful manner.
FREQUENTLY ASKED QUESTIONS
Do I have to sit in the same room as the other party?
Yes. Mediation will not work unless both parties are involved in the process. Remember - the Mediator's role is to facilitate discussions between you and the other party. It is then up to you and the other party to decide on a final resolution together.
Right now I am not on speaking terms with the other party, can we still Mediate?
Yes, but only if you and the other party are willing to sit down together with the assistance of a neutral party to discuss your dispute. Mediation often leads to open communication between the parties, even when the parties were not on speaking terms initially.
Are there any cases you will not recommend Mediation as an option?
Yes. In my opinion, cases involving physical, emotional, and/or financial abuse should not be mediated. Mediation is also not a good option for cases in which one or both parties suffer from a mental illness or have substance abuse problems. In order for Mediation to be successful, the parties have to be fully invested in the process and also be in a healthy state of mind.
I have an attorney, can I still Mediate?
Yes. Before beginning Mediation, you should inform your attorney of your decision. Attorneys may be present during Mediation sessions or can be involved by reviewing your agreement before you sign it.
How much does Mediation cost?
A major benefit of Mediation is the potential cost savings of the parties.
In Mediation the parties share the costs of the Mediator and any experts needed. In litigation the parties have to pay their individual attorneys and experts which often double the fees the parties pay.
Clients are billed based on an hourly rate which will be discussed during the initial consultation.
MEDIATION CAN BE USED FOR WHAT MATTERS?
Mediation can be used to resolve the following matters: