Services

Mediation

Mediation is a dispute resolution process in which parties in a dispute use an impartial person, called a neutral or mediator, to assist them in resolving their differences. The mediator facilitates communication, negotiation, and problem-solving, helping both sides find common ground. Compared to resolving a dispute through the judicial process, mediation is less formal, faster, and more affordable.

Mediation provides the parties the opportunity to reach a resolution between them and not leave it up to a judge or jury to decide the outcome of the dispute. Mediation is a voluntary process and there is no requirement the parties reach an agreement. The parties can initiate mediation or the court can order that a case be mediated. When the court orders mediation, there is no requirement that the parties reach an agreement. If the parties fail to reach an agreement at mediation, the parties can continue to seek resolution through the court processes.

While it is not uncommon that parties to a dispute go to mediation without a lawyer, depending on the type of case, having an attorney is always a good idea to assist in the presentation of your case. The mediator is prohibited from giving any legal or financial advice. However, at any point during the mediation, if a party wishes to confer with an attorney or financial advisor, the party will be afforded the opportunity to do so.

In most cases the mediator will first hold a joint meeting with the parties and their attorneys, if they are represented. In the joint meeting, the mediator will review the agreement to mediate, inform the parties of his role in the process and how the mediation will proceed. Depending on the case, the mediator may ask each of the parties to present their side of the dispute during the joint session or may decide to break out into separate rooms, called caucus. Generally, the mediator will first meet with the party bringing the dispute, get information regarding their position and what he or she proposes as a resolution. Once the mediator has met with the party bringing the dispute, the mediator will meet with the other party to get their side of the dispute and what they believe to be a possible resolution. The mediator will continue to meet with both parties separately in an attempt to reach a resolution.

For a mediation to be successful, all parties should come to the mediation in good faith and prepared to disclose all relevant facts to the dispute. According to the rules of mediation, everything done or said during the mediation process is strictly confidential. The mediator and the parties are prohibited from disclosing what is done or said during mediation. This rule is designed to enhance good faith negotiations without the fear that anything done or said will be used against them in a later proceeding. In addition, what is said to the mediator during individual caucus will not be revealed to the other party unless specifically authorized by the revealing party.

Although almost 90% of the cases going to mediation are settled, sometimes the parties are unable to come to an agreement. At any time during the mediation process either party, or the mediator, can call an impasse and the mediation will terminate. Once the mediation is terminated, the parties can continue to resolve their dispute through the judicial process. However, it is often the case when a mediation is terminated, the mediator, the parties and their attorneys, may continue to communicate and reach a settlement after the mediation has concluded.

Arbitration

Arbitration is similar to a trial, where the parties in a dispute agree to present their case to an arbitrator who will decide the issues and make an award. Unlike mediation, where the mediator's job is to help the disputing parties engage in constructive negotiations so they can agree on a solution, the arbitrator’s job is to review the facts and evidence of the dispute, then make an award. An arbitration decision does not require agreement between the parties to a dispute and can be binding or non-binding upon all parties. The advantages of arbitration rather than the formal judicial process is that it is quicker, less formal, and generally less expensive.

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Important Notes About Scheduling

Upon receipt of your request, our office will contact you to confirm the date and get any additional information needed to schedule the session.
It is important to include the names of both parties; we need to ensure there is not a conflict of interest between our team and any of the parties in the dispute.
Mediation and arbitration are available in person or via video conference call.
Ready to schedule an appointment? Please call us at 229.472.8840

Any Questions?

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