What is Mediation?

Mediation is a voluntary, informal, and confidential way to resolve disputes, in which the parties themselves retain the power to make decisions, rather than give the decision-making power to someone else, such as a judge or arbitrator. It involves sitting down with the other side in a dispute in a face-to-face meeting, together with a specially trained, neutral third-party — the mediator.

The mediator helps you identify the important issues and decide how to resolve them. The mediator does not take sides, make decisions for you, tell you what you should do, or make a judgment about who's right and who's wrong.

The mediator will help you communicate your concerns and identify, clarify, and create options and solutions that will meet everyone's interests and needs. This focus on interests and needs, rather than on winning and losing, is critical. It helps reduce hostility, separates emotions issues from facts, fosters constructive discussion of creative alternatives, and promotes ownership of the ultimate solution. Success is based on your good-faith cooperation and participation in the mediation.

What role do attorneys play in mediation?

Attorneys are not replaced by mediation. They help their clients understand the law and make informed decisions. The mediator will not give legal or financial advice, but will recommend that the parties consult their own attorneys, other professionals, or trusted others about these matters. Attorneys help their clients understand the law and make informed decisions in mediation. Parties are encouraged to consult their attorneys or other trusted professionals about these matters.

You are encouraged to consult with your attorneys before and after mediation sessions.
You should review the mediated agreement with your attorneys before signing it.
If you both agree, you may choose to have your attorneys attend mediation sessions.

Confidential

Court records are open to the public; mediation is private and confidential. A mediator does not reveal anything that is said or done during the mediation process to anyone who is not present at the mediation. There are some exceptions to confidentiality such as suspicion of child abuse and threats of harm to self or others.

Nothing presented in mediation can be used in any legal proceeding on the matters discussed during the process. You may discuss what happens with your attorneys, advisors, or others. However, if you don't settle in mediation and you decide to go to court, the mediator will not willingly testify about the mediation.

Voluntary

As parties to a mediation, you voluntarily agree to meet and collaboratively address, manage, and resolve your disputes. Either party or the mediator can decide that the mediation is not productive, and end it.

Collaborative

You are encouraged to work together to solve your problems and to reach what you perceive to be your best agreement.

Informal

In this informal forum, each of you has the opportunity to identify and communicate what is important to you, without having to follow difficult, complex rules of evidence. You work as partners, not adversaries, to create realistic solutions satisfactory to everyone.

Cost-Effective

Mediation is almost always far less expensive than litigation. Successful mediation will often significantly reduce attorney fees and court costs. It also may reduce the cost of appraisals, accounting services, expert witnesses, and other expenses that are normally part of adversarial court proceedings.

Convenience and Speed

Mediation can generally be scheduled within a couple of weeks, and will be scheduled at a time that is convenient for all parties. Timing can be critical during the escalation of conflict, to prevent delays in finding mutually agreeable resolutions.

Control and Self-Determination

You retain control over the outcome of the mediation and over the decisions that affect your lives. You resolve your disputes by formulating your own solutions to meet your needs. Parties tend to be more satisfied with terms they agreed to in mediation than with terms imposed on them by a court.

Has a High Rate of Compliance

When you have reached your own agreement, you are generally more likely to follow through and comply with its terms, unlike an agreement that has been imposed on your by a third-party decision-maker. Mediation involves a mutually satisfactory agreement in which each of you has at least some of your interests met, to the degree that you are willing to support the overall agreement.

Restores and Preserves Relationships

Mediation helps preserve ongoing relationships, such as those between spouses, parents and teens, landlords and tenants, business partners, contracting parties, employers/employees, etc. By encouraging direct communication, mediation can initiate the healing process and give you a place to start for future interactions.