What is Mediation?
Mediation is a voluntary, cooperative, and confidential process through which a mediator helps people clearly define issues and communicate respectfully so that a equitable solution can be formed. In mediation parties explore possible solutions and create written agreements. These agreements may serve as the basis for a settlement in a court case.
What to Expect....
Prior to Mediation:
Since either party may hear of us first, it it is not uncommon for one person to contact us to learn more about mediation. It is important that the mediator remain neutral throughout the process. For that reason, initial phone contact will be limited to basic information about the services offered. We gladly offer a free consultation , with all parties present, to discuss your situation, answer questions and educate you about the process.
Following that consultation you are able to set a mediation date and time.
A basic understanding in mediation is that all parties participate in good faith:proceeding honestly and confidentially with the intention to resolve their dispute in a non adversarial manner. If either party has an attitude of wanting to “win” or to “hurt” the other person it is difficult for mediation to be successful.
The mediation may occur in one session or in multiple sessions.
When parties have agreed upon resolution of issues, a document will be prepared which outlines the agreed upon terms. The agreement is concise with measurable dates, times and expectation. It is intended to finalize all issues and define a clear plan for enacting the resolution of the issues. All parties, including attorneys if present, sign the agreement. Parties may choose to make the agreement binding and irrevocable. In cases where legal action is pending, an attorney will file the agreement and all necessary paperwork in compliance with the agreement reached in mediation.