MORE ABOUT MEDIATION SERVICES
Mediation provides an early opportunity to settle lawsuits
The Mediation Process
In mediation, a neutral third party – the mediator – helps the parties find a solution that works for them.
Mediators, unlike judges, do not decide cases or impose settlements. The mediator helps the parties communicate with each other to gain a better understanding of the interests of all parties, and helps the parties negotiate with each other in a constructive manner to find a resolution based on common understandings and mutual agreement.
Benefits of Mediation
- Mediation can help the parties resolve disputes faster, saving them time & money.
- Mediation is an accessible & affordable alternative to trial.
- The mediation process is informal, neutral and completely confidential.
- Mediation offers the parties an opportunity to craft a solution that meets their needs.
- Mediation promotes cooperative problem-solving and improved communications.
Attendance at Mediation
The mediation may be held anywhere that the parties agree, such as the mediator’s office, a court reporter’s office, the office of any party or their lawyer, or at court facilities.
All parties and their lawyers must attend the mediation. A lawyer may not attend in the place of a party. Parties must have authority to settle the case or have ready telephone access to anyone whose approval is needed to settle. If a corporation, partnership or other organization is a claimant or a defendant, it should be represented by an individual who is authorized to make a decision on its behalf.
Mediations can last from a half-day to multiple days, depending on the complexity of the matter being mediated.
Agreements Reached at Mediation
Agreements reached at mediation are legally binding. If a party fails to comply with a signed agreement, any other party to the agreement may bring a motion for judgment in accordance with the terms of the agreement or may elect to continue the legal proceedings as if there had been no agreement.
Mediation can be beneficial even if the case is not settled. A mediation may help the parties gain a better understanding of the other side’s position, it may narrow the issues to be litigated, it may settle some of the issues, or it may result in an agreement on a process to resolve issues later in the proceeding.