I Won’t Change My Mind, So Isn’t Mediation A Waste Of Time?

Mediation is not about changing your mind. It is about giving you the opportunity to take control of your conflict. The Mediation process offers parties an opportunity to express themselves and to find unique, creative solutions that are not offered by traditional litigation

What If We Do Not Reach An Agreement In Mediation?

If you do not reach an agreement, you have the same options that you had before Mediation. Mediation does not remove your right to go to trial or to proceed to arbitration.

Will a Mediation Agreement Be Binding?

Typically, Yes – A Mediation Agreement is legally binding if the parties reach an agreement in Mediation, put it in writing and it is signed by the participants.

When Is The Best Time To Mediate?

Mediation can occur at almost any time, even after a lawsuit has been filed. In most cases, it is best to Mediate as early as possible so that the parties might avoid spending more time, energy and money on the conflict in litigation.

Should I Bring A Lawyer To Mediation?

Lawyers are welcome, but not necessary. Attorneys can provide you with legal advice regarding your options and the effects of a signed agreement on your rights moving forward. It is not necessary to have your attorney attend our Mediation sessions but it may be advisable to have your attorney review a Mediation Settlement Agreement before you sign it.

Will The Mediator Tell The Other Party Everything I Say?

Definitely NOT. Mediators often use private caucuses, giving each party the opportunity to meet with only the Mediator to discuss issues they are not comfortable disclosing in front of the other party. The Mediator will not discuss anything with the other party unless he or she is given permission by you to do so.

Is Mediation Confidential?

Yes. Mediators will not reveal the names of parties involved in mediations or details about the situation unless someone threatens physical harm to themselves or someone else during the mediation. Most mediators ask parties to sign a waiver, stating that they will not subpoena the mediator or any written work from the mediation in court.

If Mediation Is Voluntary, Why Was I Ordered To Mediate?

Mediation is, at its core, a voluntary process. However, many judges or statutes will mandate that parties attempt mediation because it is often successful and takes some of the burden off the court system. If you have been ordered to mediate, you are required to show up to the session and put forth a good faith effort. You are NOT required to come to a resolution.

What Is Mediation and What is the Process of Mediation?

Mediation is a voluntary, confidential form of conflict resolution, which is designed to help parties find viable resolutions with the help of a neutral, third-party mediator.

Mediation is a flexible, informal process that can be tailored to the needs of the parties. Some sessions begin by bringing both parties together and allowing each the time to tell their story, while others are conducted with the parties in separate rooms. In joint sessions, mediators often use caucuses to meet individually with each party to have private conversations and the mediator going back and forth between them.

The goal of mediation sometimes includes allowing the parties to have a conversation guided by the mediator. Mediation can be a place to brainstorm new ideas or to negotiate traditionally. How the process unfolds is really up to the parties.

Ultimately, the mediation will conclude when a settlement or impasse is reached. Impasse is declared when one or more parties or the mediator determines that continued negotiations would be ineffective at that time. If a settlement is reached, its terms will be put in a written Settlement Agreement and signed by the parties – typically after review by each party’s separate attorneys.  Signed Settlement Agreements are legally binding and enforceable.