Resolving Conflict
While Preserving Relationships
 

• What is Mediation?

• What Does a Mediator Do?

• When Can Mediation be Used

• How is Mediation Different from Litigation?

• What if the Other Party Doesn't Agree to Mediation?

• Can I Use Mediation if I Have a Case in Court?

• How Are Mediated Agreements Enforced?

• How Do I Get Started?

• How Much Does it Cost?

• Who Pays for it?

• How Long Does it Take?

With the help of mediation most people can resolve their dispute without resorting to litigation. Unlike litigation or arbitration, mediation does not result in an imposed decision on either party. Mediation is a voluntary process in which participants are in control and retain decision making authority throughout the process. During the mediation participants are assisted by an impartial third party, trained in mediation skills, to assist disputing parties to develop a mutually acceptable agreement.

The mediator acts as a facilitator, guiding the parties to identify issues, engaging in joint problem-solving, and exploring creative settlement alternatives. Although the process is voluntary and nonbinding, it results in a strikingly high settlement rate. Parties are more satisfied with a mediated resolution, rather than one imposed upon them (such as a court judgment), because they have created the solution themselves.

In recent years, the use of mediation has increased greatly in the private and public sectors. It is used for legal and business disputes, government matters, environmental problems, community disagreements and divorce and custody cases.

How is Mediation Different from Litigation?

For attorneys the ability to "think like a lawyer" is a skill developed during the law school years and honed during practice. For non-lawyers, critical analysis and lawyer like thinking is a mystifying concept. Lawyers learn early in their education and careers that the person who fights the hardest wins and winners get paid. The courtroom and the practice of law are often described in military and war like terms.

The courtroom is a battleground that allows participants to win if they are the best at meeting and following the rules of court conduct.  While the reason for strict rules meets a valid need that allows the court process to proceed in a uniform manner, the rules none the less restrict a party's ability to participate in the court process and importantly restricts a party's ability to be heard.

Unlike litigation, mediation addresses issues and allows parties the opportunity to "speak their peace" and explain feelings and concerns. It is important that parties are allowed to speak and "clear the air," if justice in the eyes of participants is desired.

It is undisputed that parties that take their disagreements to court rarely if ever are able to heal the deep and often festering wounds left by the court process. In a recent survey 95%* of all parties, including both winners and losers, in civil cases, were less than pleased with their "day in court."

The reasons many participants are unhappy with their day in court is varied. The largest single reason cited was the inability to discuss what the parties felt was really important. While the reasons vary from participant to participant, it is more common than not that parties wanted their "day in court" to tell their story; to prove they are "justified" and force the other party to admit they are wrong.

Mediation on the other hand, allows the parties the opportunity to actually resolve the underlying issues and come together on a mutual solution.  This method is far more satisfying to the parties, much less expensive than litigation and usually takes a fraction of the time.

If you are interested in using mediation to resolve a dispute just call us. We will contact the other party and send information about our services. Mediation does require both parties' participation; however, often after comparing the cost of litigation even the most angry and seemingly unreasonable people are willing to try mediation.

Absolutely, unless you are too close to your trial date, mediation is an excellent method of halting the snowball of litigation and working with the other party rather than against him or her to resolve your problems.

The final phase of mediation reduces the parties' agreement to writing.  In divorces and custody cases the written document is usually filed with the court and can be enforced just like a judgment.  In civil litigation documents are often filed with the court; however, in many cases they are more like a contract with provisions to deter both parties from breaching the contract.  In any event, the document is enforceable in court.

How Do I Get Started?

Give us a call.  We will answer your questions and ask a few of you.  If both parties agree to mediation we will send information which will tell you about the process as well as a questionnaire which will help the mediator to learn something about the parties and the dispute.  Once the questionnaires have been returned we will schedule our first session.  

The cost varies widely.  The fee is based upon an hourly rate.  Please call us for our hourly rate for your type of case.

In most civil cases, the parties usually split the cost of mediation; however, the parties must agree as to how payment will be allocated.  In family mediation the parties must also agree however, the allocation often varies.

The parties meet with the mediator in two hour sessions.  It is possible to resolve relatively straightforward disputes in one session, but it is more common that 3-5 or more sessions will be needed.  Factors such as the complexity of the dispute, the number of parties involved and the willingness of the parties to work together all determine the number of sessions needed to resolve a given dispute.  In almost all cases, the mediator and the parties will know after the first session whether mediation is likely to succeed.

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Last modified: 02/22/06

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