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Mediation

What is mediation?

Mediation is a method of alternative dispute resolution that encourages parties to resolve issues in a non-adversarial way with the help of a trained, neutral mediator. Mediation may be with or without the participation of attorneys, depending on the preference of the parties, and the stage in the process at which mediation is initiated.

What is arbitration?

Arbitration is another way to resolve a dispute that does not involve a Judge. Both sides present their case to a neutral third-party, who makes a legally binding judgment in the matter. Arbitration can be more costly and time-consuming than mediation, because your attorney actually has to prepare your case to present to the arbitrator in a similar way as they would prepare for a court hearing.

What sort of issues can be resolved through mediation?

There are many types of mediation that can be used to resolve almost any sort of civil issue. Family Financial Settlement mediators are trained to work with all issues of family law to resolve issues of child and spousal support, custody, and equitable distribution. Other mediators work to resolve contract disputes, negotiate partition sales, and resolve all sorts of civil litigation matters.

Do I need to have an attorney?

You are by no means required to have an attorney present for a mediation, but some people find them to be helpful, particularly if you are already involved in litigation. The process is slightly different depending on whether clients are or are not represented by counsel, but both methods are successful.

If we reach a decision during mediation, is it binding?

Yes. An agreement reached during a mediation can be made into a Court Order, enforceable like any other Court Order. An Order reached through mediation is also subject to the same standards as a Court Order for any future modifications.

Will I have an opportunity to speak privately with my attorney?

Yes, if at any point during the process you wish to speak privately with your attorney, you may ask the mediator to step out of the room while you speak.

Can one spouse quit during the mediation?

Mediation is a voluntary process. There is nothing about mediation that requires a definitive resolution. This can be beneficial in allowing parties to resolve only the issues that they want at a pace that is appropriate for their situation. However, if matters remain unresolved, other avenues such as litigation and arbitration may still be used to complete the process and attorneys and the parties may continue to negotiate outside of the mediation setting.

What if my case is not resolved through mediation?

If you are not successful at mediation, you and the other party, and/or your attorneys can continue to negotiate. If negotiations continue to be unsuccessful in bringing about a resolution, parties may still pursue arbitration or litigation.

If my case goes to trial, will the Judge hear about what we discussed at the mediation?

No. The negotiations that occur as part of a mediation are confidential and cannot be disclosed at trial to a Judge or jury. Neither party may subpoena the mediator and require the mediator’s testimony or notes.

          Partners in Mediation

Paul Brock and Barri Payne are certified mediators offering a variety of mediating services through the mediation practice known as “Partners in Mediation.” Partners in Mediation is a service of Brock, Payne and Meece. For more information about Partners in Mediation visit the website.