Mediation FAQ​

FAQ on Mediation

1. What is mediation?

Mediation is a confidential, voluntary process where a neutral third party, known as a mediator, helps disputants find a mutually acceptable solution to their conflict. Unlike a judge or arbitrator, the mediator does not decide the case but facilitates communication and agreement.

2. How does mediation differ from litigation?

Mediation is less formal, less adversarial, and typically faster and cheaper than litigation. It is a confidential process where the parties control the outcome rather than submitting their fate to a judge or jury.

3. What kinds of disputes are suitable for mediation?

Mediation can be used for a wide range of disputes, including family matters (like divorce and child custody), workplace conflicts, business disputes, real estate issues, and many civil litigation cases.

4. Is the outcome of mediation legally binding?

The outcome of mediation can be legally binding if all parties agree to this in a written settlement document that outlines the terms of the agreement. This document can then be enforced by law.

5. What happens if we can’t reach an agreement in mediation?

If no agreement is reached, parties may choose to resolve their dispute through other means such as arbitration or litigation. However, the discussions in mediation are confidential and typically cannot be used in court.

6. Who pays for mediation?

Typically, the cost of mediation is shared between the parties, although other arrangements can be made. Costs can include fees for the mediator’s time, rental space for the mediation session, and any administrative fees.

7. Can I bring a lawyer to mediation?

Yes, parties are welcome to bring their lawyers to mediation. In fact, having legal advice can help clarify the legal standing of each party and assist in the negotiation process.

8. How long does mediation usually take?

The duration of mediation depends on the complexity of the dispute and the willingness of the parties to negotiate. Some mediations conclude in just a few hours, while others might require several sessions spread over weeks or months.

9. What qualifications should a mediator have?

A qualified mediator should have training in mediation techniques, a deep understanding of the law relevant to the dispute, and ideally, experience in mediating similar conflicts. Many mediators also have professional certifications from recognized mediation organizations.

10. How do I find a reputable mediator?

Look for mediators who are certified by recognized mediation bodies, such as the American Arbitration Association or local mediation service providers. Recommendations from legal professionals or testimonials from past clients can also be helpful.

11. What role does the mediator play in ensuring the agreement is fair?

While mediators do not decide what is fair, they facilitate the process by ensuring that all parties are heard, guiding the discussion, and helping clarify the underlying needs and interests of each party. This helps each participant to make informed decisions.

12. Can mediation address all the issues in a dispute?

Yes, mediation can address all aspects of a dispute, including underlying relational issues, financial matters, and future conduct. It provides a comprehensive platform for open dialogue, which can be more conducive to holistic solutions than traditional legal approaches.