What is mediation?
Mediation is a voluntary process whereby a neutral third party facilitates a meeting between the disputants. The mediator’s role is to guide disputants toward cooperative negotiation. This includes helping disputants understand the other party’s perspective and move on to creatively exploring possible solutions for their dispute.

How does a mediation begin?

The mediator usually begins the session with all parties and other participants together. At times the mediator may ask to meet separately (caucus) with each party. Parties may request to meet with the mediator privately at any time during the session.

 

What does a mediator do?
The mediator facilitates the process so that the parties have every opportunity to brainstorm ideas and then make informed, thoughtful decisions. Mediators do not take sides or decide how a dispute will be resolved. Nor do mediators attempt to find right and wrong. The mediator may suggest possible resolutions, but the parties maintain full control over the outcome, creating solutions which all parties can live with.

Do I need to bring an attorney?

It is not necessary to have an attorney in order to participate in mediation; however either party may choose to do so. The Mediator will ensure that attorney participation does distract from the cooperative nature of the process.

What if it doesn’t work? Would I be at a disadvantage because now the other side has vital information?

All materials prepared for and matters discussed during mediation are confidential and with few exceptions cannot be used in any subsequent litigation. All information provided to or created by the mediator will be destroyed by the mediator after the conclusion of the mediation.

 

Why is mediation better than taking my problem to court?

Mediation saves time and money and reduces emotional drain. Mediation is a much faster route to resolution than litigation. Parties can often resolve their dispute in a matter of days, or even a few hours, depending on the complexity of the dispute, compared to litigation, which can take years. Participants can divide the mediator’s fees between themselves however they like, versus each party paying an attorney upwards of 200.00 an hour.