Mediation is more than just
a conference, negotiation
or chat session.
Upon contact you will receive a response
from us and we will discuss the mediation process and identify your
issue. Then you will receive a mediation request form to fill out with
information regarding your dispute. We will contact the other person(s),
in writing, with a copy of your mediation request. The other person(s)
will return the reply form explaining their side of the dispute.
Next a date, time and place convenient to
all participants will be established.
On the date of the session the mediator will sit with the disputants
to explain the process.
Each party will have ample time to tell the mediator and each other
about the problems they have been experiencing.
The mediator may take notes and ask questions to help identify and
clarify the issues.
A Private Caucus may be called. In private caucus the mediator will
meet privately with each side to determine if there is additional
dialogue that parties may not have voiced in joint session. This is also an opportunity to
discuss what the parties think the strengths of their position are.
Parties may wish to voice an offer to be presented to the other side.
The mediator MAY NOT repeat any information obtained in private caucus
without the permission of the parties.
Usually all parties return to the table with the mediator for more
joint session to explore options. Private caucus may take place many
times.
Once the issues are identified and options explored, negotiations and
creative solutions take place.
When a solution, acceptable to ALL of the parties, is created,
....Then and ONLY then is an agreement drafted. The agreement is BY
THE PARTIES for the benefit OF THE PARTIES, with the Mediator
as note taker. Once drafted and
approved it is signed by all of the disputants.
If no agreement is reached, the parties may seek other
avenues as a means of ending their dispute.
Disputants may bring witnesses, legal counsel or a
representative to mediation.
Parties may wish to obtain advice of legal counsel before coming to
mediation.
If you contact an attorney, he or she should be able to tell you what
to expect in approximate time and cost of litigation, as well as the
"possibility" of "winning" your case. The attorney should have a spirit of cooperation toward
mediation. When it is in the best interest of the client the attorney
knows it can save time, money and misery. You cannot put a price on
misery! Your attorney knows that approximately 90% of cases settle out of
court. If a settlement can be reached before many hours of
conferences, depositions and interrogatories, significant amounts of
time and money can be saved.
