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Mediation is a confidential and informal dispute resolution process in which a neutral third person, a mediator, facilitates settlement discussions between the disputing parties. Unlike a judge in a trial, the mediator does not impose a decision upon the parties but rather allows parties to explore their concerns, identify areas that must reach resolution and creatively explore a variety of ways to resolve the dispute to their satisfaction.
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What Are The Benefits Of Mediation?
Mediation gives parties the power to reach their own decisions versus having outcomes determined by others, such as a judge.
Mediation can lower the intensity or level of conflict enabling the parties to vent in a safe environment.
Mediation offers parties more settlement options and enables them to develop more creative outcomes.
Mediation can set the stage for future communication and cooperation between the parties which is especially important when relationships and children are involved.
How Long Does Mediation Take?
Mediation may typically last 1 to 4 hours but it may take longer. Sometimes it is beneficial for subsequent mediation sessions to be conducted. The time required for mediation depends on the nature and complexity of the dispute.
Who Pays For Mediation?
Each mediator sets their own fee, typically $150 to $250 per hour. Unless otherwise agreed, the parties split the cost of the mediator. In some jurisdictions the court will provide limited mediation services at no charge to the litigants.
How do we prepare for mediation?
Outline the issues you would like to convey to the opposing party and the mediator. Bring any documents relevant to your position. A copy of your financial affidavit must be filed with the court and brought to the mediation session. You may also need to bring business records, tax returns, documents relating to property values, and account balances. What you need to bring will depend on the issues involved in the dispute. The better prepared you are for the mediation session, the more likely the chance of success.
How do we schedule mediation?
If your case has not been filed and you are unrepresented, then you may ask the court’s alternate dispute resolution program for a list of registered mediators in your county. If your case has been filed with the court and you are represented by an attorney, then in most cases the attorneys will schedule the mediation and select a mediator they feel would be best suited for the issues in your situation.
Is Mediation Confidential?
Mediation is a confidential process. However, if parties reach a settlement agreement, the written agreement is not subject to confidentiality, unless all parties to the proceeding agree so in writing. Confidentiality does not include issues of child abuse or that the safety of any party or third party is in danger.
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