FAQs

What kinds of cases can be mediated?
The different types of mediation are categorized by the type of relationship the disputing parties are involved in, as well as the type of dispute they may be having. Some different types of mediation include:
  • Estate Planning and Family Mediation
  • Consumer Mediation
  • Workplace Mediation
  • Interpersonal Mediation
  • Landlord/Tenant Mediation
  • Discrimination Mediation
  • Eldercare Mediation
  • Environmental Mediation
What is the process of mediation?
The five stages of the mediation process are:
  1. A presentation of opening statements and the exchange of facts between disputing sides.
  2. An identification of the main facts to be discussed (these are generally prioritized in cases with a lot of issues).
  3. A discussion of possible resolutions.
  4. A decision made to resolve or terminate the proceedings.
  5. A closing process whereby agreements are written up and the mediation process is ended.
How long does mediation take?
Since each client and each settlement is unique, there is no definitive answer to this question. Typically, a consumer claim, small business dispute or auto accident claim can be resolved after a half day or, at most, a full day of mediation. Others, particularly very large or complex disputes, may require multiple sessions spread out over weeks or even months. If there appears to be no reasonable likelihood of settlement, the sessions will not be prolonged. Sessions can be scheduled once a week, once a month, or a few during one month and then one several months later. The scheduling is flexible enough to fit your specific needs, but frequent enough to accomplish the goal of reaching a settlement.

When is the mediators' decision announced?
Mediators do not make judgments, decisions, issue findings or make suggestions. The role of the mediators is to manage the process of mediation, assure that all parties are treated with respect, and assist all the participants in fully explaining their interests, issues and positions. Mediation, compared to litigation, is a process that is designed to build trust one step at a time. It is a process where each party can ask the other for the information they need, the other provides it, and then they have the opportunity to review it together. The parties review the information to the point where each is confident they have every bit of information necessary to satisfy their needs. Each party even gets the chance to explain anything that may be ruled legally irrelevant (they may not have the same opportunity in a court of law).
How soon can we schedule a mediation?
Usually within two weeks.
How can I be sure mediation will produce a fair result?
In mediation, each opposing party will work together to develop a unique solution to the dispute. If each party does not voluntarily agree, there will be no final resolution.

Are there some cases that should not be mediated?
All parties to a dispute must agree to mediate, so if one party absolutely refuses or isn't competent to participate, the case cannot be mediated. Also, legal precedents cannot be set in mediation because mediation agreements do not establish who is "right" or "wrong." Mediation decisions apply only to the parties involved in that particular mediation.
If I choose mediation, will I still need an attorney?
In most mediations, you won't need to have an attorney participate directly. Mediation rules are few and straightforward so both parties can handle the process on their own without legal representation. However, legal consultation can prove to be a useful in some situations. If you are seeking a divorce, the mediator may recommend that your attorney advise you on your rights, obligations and options, as well as file the necessary court documents. You may also want to get an attorney's approval of any written agreement you make in mediation. Ultimately, parties turn to mediation in an effort to work together to solve their dispute. This is very different from trying to convince a judge or arbitrator of each point of view. In mediation, you will do all the negotiating directly with the other party. You always retain the right to seek legal advice, regardless of the issues being mediated.
What is the cost of mediation?
The cost of mediation varies depending upon the hourly rate of the mediator and the time required to complete the mediation. The time required to complete the mediation process depends on the number and complexity of the issues, and the willingness of both parties to negotiate the issues constructively with each other.
In addition to the cost of the mediation session, there may be additional costs associated with travel to the mediation, and the cost of the facilities (rooms, equipment, food, etc.) used for the mediation.