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What is Mediation?
Mediation is the cost-effective alternative to litigation. Mediation
is the process where a neutral third party facilitates the resolution
of a conflict by exploring a variety of solutions in a comfortable
and confidential setting. This provides the mediation participants
with the opportunity to openly discuss and design their own resolution
of the dispute. Mediation is effective and has over a 90% success
rate.
Why Mediation?
Mediation is the only process with the underlying assumption that
people are knowledgeable and capable of making their own choices.
Mediation allows the parties to
control of the final outcome
and saves time, money, and stress.
What is the Role of the Mediator?
Mediators are neutral
to the conflict, and they utilize proven problem solving
and communication techniques to facilitate a win-win solution for everyone.
Is Mediation Voluntary?
Mediation is voluntary. All parties must come to the table in
good faith actually seeking resolution.
Why is Mediation Confidential?
Mediation is confidential to protect the clients. Confidentiality
allows participants to speak openly and with candor, without fear
that what they say will later be used against them.
What if I have an attorney?
Attorneys are welcome. Mediations are conducted with and without
attorneys.
How is Mediation different from arbitration?
Mediation allows disputing parties the unique opportunity to maintain
control over the outcome. Arbitration is a less formal version of litigation
where you present your case and the arbitrator makes the final
decision.
Is my Agreement legally binding?
Yes. Once the parties have agreed on a resolution to their dispute,
the resulting agreement is put in writing and signed by all parties.
Upon execution, it becomes a binding, legally enforceable contract.
If litigation is pending, it can become an Order of the Court.
What if we can’t reach an agreement in Mediation?
If the parties are unable or unwilling to reach a mutually satisfactory
resolution to their dispute through the mediation process, you
still have the right to go to Court.
What does mediation require?
In order for mediation to work, it is essential that certain conditions
are met. These include, but are not necessarily limited to:
- All parties
must agree to mediate
- All decision
makers must be present
- All parties
must commit to acting in good faith
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