What is Mediation:

Mediation is a process in which conflicted parties can come together to discuss their conflict and interests and create a resolution. 

Mediation is a party driven process. It is the parties that create and discover the resolutions and solutions to the problems. 

The mediator is not a judge or arbitrator.  He or she does not pass any judgment or resolution on the parties.  The mediator is a third party who is committed to the mediation process which empowers the parties to create their own resolutions and solutions to their conflicts and processes.

The Process:

Assessment:

The mediator will contact all parties and take an assessment of the conflict, and come to an understanding of all parties' interests, and goals. This assessment will determine if mediation is something that all the parties would benefit from and get a commitment from all the parties to attend mediation.

Mediation:

Mediation is party driven.  Meaning  parties are involved in the process drive the mediation process.

All the parties will meet at a agreed upon location and time, and the mediator will hold a session.

Each session typically lasts 1 to 2 hours, but the amount of time for each session really depends upon the progress and willingness of the parties involved. 

Memorandum of Understanding:

Once an agreement is agreed upon, the mediator will draft up a "memorandum of understanding" which will be approved  and revised by all parties.

Once all parties have approved the agreement, all parties will sign and receive  a copy of the agreement. 

It is important to understand that the agreement is not a legal contract or document.

If parties want to make the agreement  legal contract then it can be taken to an attorney to have it finalized.

Follow up:

Once an agreement has been made it is beneficial for all parties to meet at a later time to discuss any concerns or changes that may be needed for the agreement. This session is beneficial way to be proactive in the relationship.


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10 Reasons Why Mediation Works 

  1. You have the power to determine the schedule and issues you want to discuss
  2. It is faster and typically 1/3 the cost of court.
  3. It is flexible, you control time tables, agenda, procedure and all outcomes.
  4. You participate and make the decisions that work for you.
  5. It improves relationships, by teaching you how to communicate better.
  6. Mediated agreements have a higher lasting success rate because it is an agreement that you created.
  7. Mediation is confidential. Court records are public.
  8. If mediation is not sucessful you can always litigate.
  9. You can choose your mediator but not your judge. You can work with a mediator that knows your industry.
  10. A mediators job is to make sure all parties are heard and are able to express their concerns.
Costs of Mediation
Mediation costs are significantly lower then traditional litigation costs. There is no attorney fees, court costs, and the additional costs that may come along. Mediation is also quicker and typically a resolution can be agreed upon in one session or two saving months of stress and energy that comes with litigation. Plus unlike court, mediation is confidential, your case will not be in public record so your reputation and your conflict is protected from the public. Click to see our costs for mediation.

 

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