Facts About Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a dispute be it divorce, contract breach, business dispute, employment concern, discrimination, any dispute that would be otherwise litigated. The decision to mediate is completely voluntary. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the charge or impose a decision on the parties. The mediator gives no legal advice but may give information that will help solve the dispute. The mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone, including the court if it were to later be litigated.

How Mediation Works

If both parties agree, a mediation session conducted by a trained and experienced mediator is scheduled. While it is not necessary to have an attorney in order to participate, either party may choose to do so. It is important that persons attending the mediation session have the authority to resolve the dispute. If mediation is unsuccessful, the parties can bring their case to court.

Advantages of Mediation

• Fair and Neutral
  Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of fault in the process.
  
  
• Saves Time and Money
  Many mediations are completed in three to five meeting. Legal or other representation is optional but not required.
  
  
• Confidential
  All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.
  
  
• Avoids Litigation
  Lengthy litigation CAN be avoided. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.
  
  
• Improves Communication
  Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.
  
  
• Discover the Real Issues in your dispute
  Parties share information, which can lead to a better understanding of issues.
  
  
• Design your own Solution
  A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.

Call me for a consultation. Collaborative Law offers the opportunity to avoid costly litigation that may be unnecessary.