The Mediation Process
What is Mediation?
Mediation is a a type of assisted negotiation. A trained, neutral third party helps two or more parties negotiate to resolve their dispute. Instead of the traditional, adversarial method of problem solving, mediation employs a problem-solving approach to address conflict.
Mediation is a voluntary, informal process. Rules of evidence do not apply. Testimony is not taken. Mediation allows parties to control the dispute resolution process, rather than having a judge or some other official control it for them.
Mediation is typically faster and more economical than adjudication, and even if mediation does not resolve the dispute, it almost always helps parties clarify and narrow the issues so that the case can proceed more rapidly in the court.
Mediators are not decision-makers or judges and have no personal interest in the outcome of a case. Mediators use their expertise in communication and negotiation to help the parties make effective, informed decisions for themselves
Most often, mediations start with a joint session where ground rules are clarified and an agenda. The joint session also helps define the issues and determines the parties' positions.
Generally, during the process, parties move to separate caucuses. The mediator will carry messages—offers, counter offers, questions, demands, and proposals—between both sides to help the parties move closer to resolution.
If parties reach an agreement, the agreement is written down and signed by all parties.
Fees available upon request - No travel fees