Frequently Asked Questions

What is the mediation process?

Conflict can occur between two or more parties when they have different views of an appropriate result to solving a dispute.  Conflict is inevitable and healthy unless the parties get stuck in the gladiator method of resolving the conflict.

Conflict resolution methods have evolved over time.  However, many parties still end up back on the battlefield of the courtroom if informal discussions fail.  Mediation is a process that allows parties to break the traditional “I’ll see you in court,” resolution to one that still permits the parties to maintain control of the decision making process.  With the help of a trained and experienced neutral party who can both facilitate difficult conversations and guide the direction of the process, the parties can negotiate in a safe environment where all interests, ideas, concerns and information can be heard.  This allows the parties to consider all options, variables, and possibilities, before arriving at a mutually acceptable settlement of the dispute.

Trained and experienced mediators are without decision making authority, but lead the parties through many different stages.  They can be particularly helpful when 1) emotions are high, 2) the parties are having difficulty starting negotiations, 3) the parties can not agree on a negotiation procedure, 4) there are real or perceived different interests of the parties, 5) there are real disagreements over relevant facts, 6) the parties are unable to communicate with each other, 7) and there are multiple issues to the dispute and the parties can not agree on any priority of importance. 

The mediator should have been provided information about the parties that will allow development of an appropriate strategy given the facts, number of parties affected by the conflict, and the decision makers available for the mediation.  The mediator can then help the parties, individually and collectively, assess the options available to bargain for a result that best matches their needs.  If an agreement is reached, then it should be reduced to writing and signed by the decision makers present at the mediation. 

Every judge will agree that a mediated resolution provides greater satisfaction the parties, reduces future conflict, and saves all parties a great deal of money over the traditional courtroom approach.    

What is the benefit of mediation?

Mediation can offer a quicker resolution that is much less expensive than litigation, and usually leaves all parties satisfied with the results, because they participated in the process.

Is Mediation Final

If you reach an agreement through Mediation, than a settlement document is prepared and signed by all parties.  However, if at any time during the mediation, you feel uncomfortable with the way things are proceeding, you are not obligated to enter into a settlement.  You can stop the mediation anytime with or without reaching an agreement.

Why is Mediation Court Ordered

Our judicial system is overloaded.  The Court's recognize that frequently parties can resolve their disputes without the need for Court intervention if they were to sit down and discuss the matter with the other party.  Many years ago, the Court's began requiring mediation, or alternative dispute resolution, as a means of exploring the possibility of settlement.  If, however, at any time, you feel that you have hit a road block, and your dispute cannot be settled, you are still free to present your claim to the Court.