What is Mediation? Mediation is a voluntary and confidential process where a neutral third party, known as the mediator, assists disputing parties in communicating and negotiating to reach a mutually acceptable solution. The mediator facilitates discussion but does not make decisions for the parties.

What is a Mediator’s Role?

• To be an impartial facilitator who does not take sides or make decisions.

• To help and support parties in identifying interests and exploring solutions.

• To promote and encourage a collaborative approach to resolving disputes.

• To keep all discussions and communication confidential to foster open communication in a safe space.

• To provide an understanding of relevant laws without offering legal advice.

• To manage and adapt the process to the needs of the parties.

• To assist in drafting a settlement agreement if a resolution is reached.

• To facilitate better communication between parties, particularly in ongoing relationships.

Does the Mediator Make Decisions for the Parties, Like a Judge Would? No, a mediator is not like a judge. Unlike a judge, a mediator does not declare winners or losers, make findings of fact, or rule on issues of law.

Can the Mediator Force the Parties to Settle? No, a mediator cannot force the parties to settle. Mediation is a voluntary process, and parties must agree to the settlement themselves.

How is Mediation Different from a Trial?

• Decision-Making: Mediators facilitate negotiation but are not decision-makers for the outcome, unlike judges or arbitrators who make final decisions.

• Privacy: Mediation is private, confidential, and less formal compared to a trial.

• Flexibility: Mediation allows parties to create their own solutions, often leading to more flexible and tailored agreements than those available in court.

• Control: Parties make their own decisions rather than having solutions imposed by others.

• Efficiency: Mediation is faster, more efficient, and more cost-effective than litigation.

• Confidentiality: Discussions remain private, unlike public court proceedings.

• Communication: Mediators help enhance understanding and cooperation between parties, fostering open communication.

What is the Mediation Process?

• Introduction: The mediator introduces the process and sets the stage.

• Initial Conversations: The mediator gathers background information from each party individually.

• Signing an Initial Agreement: A confidentiality agreement is signed to ensure privacy.

• Opening Statements: Parties and their counsel present their views.

• Private Sessions (Caucuses): The mediator meets with each party individually if needed.

• Additional Joint Sessions: Further joint meetings may occur to continue discussions.

• Drafting Agreement: If a settlement is reached, the mediator helps draft the agreement.

Who Should Attend Mediation Sessions? All key decision-makers should attend mediation. If there are questions about attendance, counsel should coordinate with the mediator prior to the session.

Do I Need an Attorney? An attorney is not required for mediation. However, since mediators do not provide legal advice, having an attorney present can be beneficial for legal guidance and reviewing any agreements.

Is Mediation Less Expensive Than Litigation? Mediation is more affordable than litigation. Mediators typically charge a flat fee, which is split between the parties, making it a cost-effective alternative to lengthy and costly trials.

What If We Do Not Agree on Everything During Mediation? Mediation can still be effective even if not all issues are resolved. Agreements on some terms can be legally binding, and unresolved issues may be decided by a judge if needed.

What Are the Benefits of Mediation? Mediation offers several advantages, including but not limited to:

• Cost Savings: Mediation is more affordable than going to trial.

• Comprehensive Agreements: Often results in agreements that address all issues.

• Confidentiality: Discussions remain private, unlike public court trials.

• Control: Allows parties to make their own decisions.

• Relationship Preservation: Helps maintain cordial relationships, especially important when children are involved.