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Mediation is a form of alternative dispute resolution.
Mediation is conducted by an impartial, independent, third-party “chairperson”, called a mediator. The Mediator does not give legal advice, take sides, or decide who is wrong or right. The mediator does not solve the problem for the parties, the mediator assists the parties in coming to their own agreement.
Mediation takes place at the offices of the mediator where the mediator meets with the participates to facilitate discussion and proposals for settling the disagreements or issues of the persons involved.
Mediation is generally a less costly method of resolving a disagreement, or negotiating a contract, than the court process or arbitration.
The costs of mediation will be determined by the time it takes the parties to resolve their issues.
Mediation is a more timely method than court or arbitration because the parties have the opportunity to mediate according to their own schedules, and that of the mediator, rather than a limited court schedule.
Most frequently, people consider mediation in circumstances of separation and divorce, custody and access, and post separation modifications to existing court orders or separation agreements. Other areas where mediation is helpful are workplace disputes, contract grievances, volunteer organization disputes (Board-Employee or Member-Member), church disputes, court ordered mediation, estate disputes, and community disputes.
Mediation facilitates communication between the parties in a controlled environment, at the participant's scheduling, and encourages the proposals of all participant's for resolution of a disagreement or the forming of a contract. It allows the participants the opportunity to explore options available to them that might not be considered in another forum, such as court or arbitration.
Mediation is time efficient because the participants do not have to wait for court dates.
Parties involved in the mediation process generally feel better about the process, namely, that there is a just and equitable solution, not forced upon them by third parties, which results in an agreement the parties are more willing to uphold.
Mediation is less expensive because the negotiation takes place between the parties with the assistance of a neutral mediator, while simultaneously having the input of the parties’ own legal counsel as necessary to provide legal advice regarding the settlement. The delay due to passing correspondence between lawyers, regarding the negotiations, is prevented. At the end of the negotiations, once the parties have come to an agreement, they will again seek the advice and assistance of their lawyer in finalizing the agreement and ensuring they understand the legal ramifications of the agreement.
You have chosen mediation because you believe that both yourself and the other party can resolve this problem with the assistance of a neutral professional.
Mediation is not appropriate in the following circumstances:
All information and discussions in the mediation process are confidential (except when disclosure is required by law) and any information provided by the parties will only be seen by the parties, mediator and office personnel.
The mediation only takes place upon the agreement of the parties that the mediator will not be a compellable witness at court.
All parties involved in the Mediation process may withdraw at any time.
Any party to a dispute may contact Your Solutions to start the mediation process.
The mediator assists the disputing parties in scheduling the necessary meetings in the mediation process. Lawyers representing disputing parties may also initiate the mediation process.
Click here to learn more about preparing for mediation.
If an appointment with the mediator is scheduled, the hourly rate is generally $350.00 per hour plus government taxes, paid by the individual parties. The mediation itself is typically shared by parties, for administrative expenses and the cost of renting facilities for the Mediation, the fee is the same, namely $350.00 per hour plus government taxes.