- Why use Mediation?
- How does Mediation work?
- How long does the process last?
- Who is the Mediator?
- Do I forfeit my right to legal counsel if I use mediation?
- Are the agreements formed in mediation considered legal documents?
Why use Mediation?
There are several reasons to choose mediation. Mediation saves time and money, minimizes stress and encourages amicable and fair settlements. By allowing the parties involved to structure their own agreement that meets the specific needs of both parties, mediation helps to reduce the need for post-settlement amendments or disputes in court.
How does Mediation work?
A trained mediator assists clients in identifying their issues and discussing them in a problem- solving manner. All parties involved are encouraged to bring their personal concerns, questions, and relevant documents to a discussion in which the issues can be addressed. By providing a neutral setting for a discussion among the parties involved, the mediator encourages productive communication and provides an opportunity for the parties to mutually agree on a settlement.
How long does the process last?
Mediation sessions generally are scheduled for 1 ½ to 2 hour segments. The overall length of the mediation process is dependent on the client's willingness to participate and the complexity of the case. Each case is unique in that regard. However, mediation is generally much more expeditious than a litigious process.
Who is the Mediator?
The Mediator is a trained and licensed professional who may have a background in law or in a related field such as counseling/psychology. The mediator is however not engaged to represent any of the parties in mediation whether he/she has a mental health background or a legal background. Rather they serve as neutral facilitators of the decision making process. On occasion it is preferable to the parties to have two mediators present, one female and one male. This can be arranged at the clients' request.
Do I forfeit my right to legal counsel if I use mediation?
The use of mediation does not prohibit the parties from obtaining independent legal counsel. Legal counsel for the parties may be present at mediation if the parties so choose.
Are the agreements formed in mediation considered legal documents?
All agreements drafted in mediation will meet the requirements of the courts to be filed as a legal document. Individual agreements not filed in court by the parties will be drafted as a contract between the parties.