Faq

Mediation is an informal, impartial, non-adversarial, voluntary and confidential settlement process whereby a neutral third party, called a mediator, acts to facilitate a resolution to the dispute, which is called a mediated agreement. Mediation costs less, is fast and has the potential to preserve relationships. Because mediation is non-binding a decision cannot be imposed on the parties as they must voluntarily consent to the agreement.
The mediator’s role is that of a neutral, impartial, third party who has no stake in the outcome of the dispute. The mediator facilitates communication between the parties by identifying issues, brainstorming for options and allowing the parties to reach a voluntary agreement. The main goal is to keep everyone focused on resolving the issues at hand in a facilitative and confidential environment free from threat or intimidation.

There are many advantages to mediation:

1. Mediation is a confidential process. This means that what you say in mediation, stays in mediation. Confidentiality allows the parties to be candid with one another and permits disclosure and honesty.
2. Mediation offers the parties the opportunity to create or craft a acceptable settlement agreement, as opposed to a stranger called a Judge, or a group of strangers, called a jury deciding your future. They will never know as much as you do about your own situation. You are the expert of your life, and your truth matters.
3. Parties show a high level of satisfaction with mediated settlements, which translates into a reduction of future legal actions and a better compliance.
4. Mediation normally can be scheduled within days of the initial telephone consultation. Mediation fees and costs are a fraction of attorney fees and court costs and the process is more informal, relaxed and less adversarial as compared to litigation and trial.

Mediation can be used at any stage of a conflict. It can be used before negotiation to prevent eventual conflicts. However, participant may choose to negotiate directly with each other. After all attempts by the parties at resolving the dispute through negotiation have failed, mediation can be used. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt the litigation or arbitration to explore the possibility of settlement.

Ideally, it is recommended to contact a mediator before the conflict rises to the level of filing legal action or before the parties are unwilling to communicate.

All parties should consult with lawyers at the beginning of mediation and near the end, before signing any settlement memorandum. Whether you bring your lawyer or someone else for support is strictly up to you. But you must inform the mediator and the other part in advance, of who else will be attending. People not scheduled to attend will not be permitting into the mediation session without the consent of the other party.

The number of sessions depends on the complexity of the issue(s) at hand, and the willingness of all parties to settle. Some disputes require several sessions to arrive at an agreement both parties can live with. However, if both parties are thorough in providing all relevant information and come in good faith, many disputes can be resolved in a single session.

The average length of a mediation session is 2-5 hours, although there is no set rule. We find that after 5 hours people start getting fatigued, in which case it is wise to stop and set a time for another session. However, if progress is being made and everyone’s schedule permits, it is not uncommon to extend the session and work right through to a successful agreement.

Mediation agreements include only realistic steps that both parties are willing and able to carry out. Our experience is that mediation agreements usually hold up because they are the results of active participation and engagement of the parties. Moreover, the parties anticipate in the settlement agreements what the consequences will be if the agreed-upon actions are not taken. Finally, they include in the agreements any future steps to take if those agreements are not kept by one of the parties.

The mediator, the parties or the parties’ attorneys will draft the agreement. The mediated agreement or settlement agreement essentially becomes a contract between the parties.

Your initial consultation is free. Because each case is unique, there is some variation in cost. Payment for the two (2) hour minimum is due prior to the negotiation session. If the session exceeds two (2) hours, payment of the balance is due at the conclusion of the session.

Cancellations should be done at least two (2) business days before the scheduled session. The party asking for late cancelation will be charged a cancellation fee equal to half of that party’s share of the two (2) hours minimum. Similarly, failure to appear within fifteen (15) minutes of the scheduled time at the designated place and time subjects the late party to a late fee of $20 if all parties are still there when the late party arrives and the mediation can be conducted. If the mediation cannot be conducted when the late party arrives, the late party is subject to a cancellation fee as set forth above.

Community Dialogue Institute reserves the right to waive any late fee or cancellation fee, as it deems appropriate in its discretion.