How it works

• Mediation is a process in which a neutral third person (called a mediator) works to resolve a conflict between two parties.
• Mediation allows the parties of the dispute to determine their own outcome in lieu of the dispute being decided by a judge or jury. A mediator will not compel parties to reach a decision, but instead tries to facilitate the parties to reach an agreement while remaining unbiased throughout the discussion. This gives the parties more control over the process and allows them to be creative in reaching a resolution that is best suited to their needs.

• Mediation is oriented toward reaching a mutually beneficial agreement as opposed to assigning fault to one of the parties
• Mediation typically costs significantly less than litigation
• Mediation typically takes substantially less time than litigation with many disputes being resolved in less than 8 hours.
• Mediation gives the parties control of their dispute so they can negotiate and custom create their own deal as opposed to relying on a judge or jury
• Mediation allows parties the opportunity to be heard, to work together creatively on solutions, and potentially preserve a relationship

A mediation can be completed in as little as a couple of hours ,or could go on for several days depending on the complexities of the dispute. Many mediations are completed within 4 to 8 hours.

The mediation process is typically informal and non-adversarial with the objective being to allow the parties to voluntarily reach a solution that is mutually beneficial to both sides. In mediation, the authority to make decisions rests with the parties.

• While hearings are conducted in a public forum, mediations remain strictly confidential (except as provided by law). Exceptions usually involve child abuse, criminal acts, or threatened criminal acts.
• The parties and the mediator agree not to disclose, transmit, introduce, or otherwise use opinions, suggestions, proposals, offers, or admissions obtained or disclosed during the mediation by any party or the mediator as evidence in any action at law or other proceeding, including a lawsuit or arbitration.

Mediation is a voluntary, non-binding process that does not affect a party’s ability to pursue future legal action if an agreement is not reached. However, a mediation agreement agreed to and signed by both parties can become a legally enforceable contract.

No. Mediators play the role of a facilitator. Therefore, the mediator does not make a decision about the settlement. Any settlement agreement made is done on a voluntary basis by the parties.

Yes. The mediation process does not restrict a party from pursuing future litigation is they are dissatisfied with the results of the mediation.

No. The mediator is a neutral, independent third party.

Typically, mediation is substantially less expensive than the cost of litigation.