What is mediation?
Short definition: Where an independent person helps opposing parties to communicate, to reach a mutually acceptable settlement, so they don’t have to resort to court.
Long definition: Where an independent person, called a mediator, comes in to help two or more people resolve a conflict, to keep it from going to court, by having them calmly share their views of the situation, discuss possible solutions, and put those solutions into a voluntary written agreement so they can move beyond the conflict to cooperate.
What is mediation?
Short definition: Where an independent person helps opposing parties to communicate, to reach a mutually acceptable settlement, so they don’t have to resort to court.
Long definition: Where an independent person, called a mediator, comes in to help two or more people resolve a conflict, to keep it from going to court, by having them calmly share their views of the situation, discuss possible solutions, and put those solutions into a voluntary written agreement so they can move beyond the conflict to cooperate.
Mediation can reduce stress.
Mediation encourages communication and cooperation whereas as lawsuits cause more animosity.
Mediation saves you time.
In mediation, disputes can be resolved in days or weeks; whereas lawsuits take months and years.
Mediation allows you more control.
In courts, when you get an order against you, you are usually stuck with it. Mediation allows you to keep all your options open and you don’t have to sign an agreement until you are satisfied with it.
Mediation conveniently allows more scheduling flexibility.
“Unlike court, mediation can be done evenings or on weekends, by video, or by phone.”
Mediation is more successful at securing judgments that are collected.
People who agree with a settlement tend to be more likely to abide by it than people who have a judgment against them in court.
Mediation can be more satisfying.
For all the above reasons, mediation has a higher rate of satisfaction than litigating.
What kinds of conflicts can mediation help resolve?
Mediation can be used to help solve any dispute where people are willing to negotiate to find a compromise. It is typically used in divorce, family conflicts, workplace conflicts, between neighbors, business partners, and landlord-tenant disputes.
MEDIATION SAVES YOU MONEY.
One mediator trying to resolve problems is much less expensive than two attorneys trying to fight to win. You don’t have court costs, discovery costs, or experts’ fees.
How does the process of mediation work?
- First we have a free short consultation (15 to 30 minutes) to determine if mediation could work.
- Both parties sign an agreement to mediate and pay an initial fee.
- The two or more parties meet with the mediator in person, by phone, or by video.
- The mediator will start and make a statement covering ground rules and confidentiality.
- Each party will then make their opening statement about the issues.
- Negotiation then happen between the parties guided by the mediator.
- The parties come to an agreement.
- The resolution is put into a contract writing and both parties sign the contract.
How long does mediation take?
It could take 3 hours or less. It could take 40 hours of mediation or more. For simple small claims cases it could take 2 to 3 hours. For complex family disputes and divorce cases where there are emotional and complex custody and financial issues, it could take 40 hours of mediation or more.