FAQ

1. What is Mediation?

Mediation is a highly effective form of settlement conference in which a trained and skilled neutral (the mediator) facilitates communication, reconciliation and negotiation between the parties, in order to achieve the voluntary and mutually acceptable resolution of disputes.

Mediation is practical, relatively informal, and unencumbered by courtroom procedures or legal technicalities. In most cases, mediation is significantly less expensive than litigation.

Mediation empowers the parties to retain control of the critical decisions that affect their personal, financial, and business interests.

Mediation is an effective and positive alternative to emotionally and financially debilitating courtroom battles. Although litigation is sometimes required, mediation is an alternative that should be considered when any dispute arises.

2. How Long Does Mediation Take?

Most cases can be resolved in one full day mediation session of 6-10 hours. Less complex cases can often be resolved in half-day sessions.

3. What Goes on at a Mediation Session?

All parties and their representatives meet personally with the mediator in joint session and outline the basic issues and contentions of the case.

Relevant information and documentation is exchanged.

Following the joint session, it often becomes helpful to have private and confidential meetings between the mediator and each of the parties and their representatives.

The mediator does not impose or compel a settlement or a particular result but rather empowers the parties to determine their own outcome.

The mediator encourages and facilitates dialogue, provides guidance, assists parties in clarifying their interests, and in understanding their differences and works towards a mutually acceptable and binding resolution.

Written memorandum of the terms of settlement is prepared when appropriate.

4. How Well Does it Work?

Statistically, about 85% of cases submitted to mediation reach a mutually satisfactory resolution.

5. What if the Mediation Does Not Result in a Settlement?

The parties lose nothing. They may still go to court to resolve their case and what they learn about their case may help the case settle later. Follow up studies show that about two thirds of the cases that did not initially settle in mediation do settle before trial.

6. If the Parties Reach a Settlement, is it Enforceable?

If settlement is achieved, typically the parties will sign a settlement agreement, reviewed and approved by their attorneys. This agreement is enforceable like any other contract once it is signed.

7. If the Case is Not Settled, Can the Mediator be a Witness or Talk to the Judge?

No. The mediator can neither be a witness nor talk to anyone about the case. Additionally, neither the parties nor their attorneys may introduce into evidence what happened or did not happen during the mediation.

8. What Are the Advantages of Mediation?

Inexpensive
Typically, a small fraction of the cost of litigation.

Quick
Resolution can be reached in less time than required for litigation.

Reduces Anxiety
Allows parties to retain control.
Benefits parties by reducing conflicts.
Separates the parties from the problem.
Shifts the focus of the dispute from rights to interests.

Reasonable
Avoids damage to important, ongoing relationships, which often results from the adversary process.

Flexible
Custom procedures and creative settlement options are available.
Informal, voluntary exploration of settlement options is encouraged.
Can be utilized at any time -- before, during, or after litigation.
Scheduling is designed for the parties' convenience, not the court's.