“Thank
you for all your efforts, I think you’re an exceptionally good mediator. I hope that
we are at the beginning of a new era in our lives and that things
will smooth out and stabilize. Whether that happens or not, I
think the experience I had with you and M was valuable.” CB
Mediation
Mediation is a process in which an impartial third party (mediator)
helps parties in conflict find their own workable, practical
and effective solutions. The mediator directs the process and
provides an environment and tools whereby those solutions and
agreements can be reached by the parties, not the mediator. Because
the parties formulate the solution, rather than having someone
dictate one, the result is much more satisfying and usually
works better.
Mediation is a voluntary process. Usually one
of the parties involved suggests it and the other agrees to participate.
Mediation is particularly appropriate in situations where the
participants have an ongoing relationship, have had one in the
past and/or will continue to have one in the future. Bad feelings
and win/lose resentments which court litigation commonly results
in are avoided. This applies particularly to any family, ongoing
business and/or employment situation.
All aspects of the mediation process are, by law,
confidential. Therefore, parties are able to raise
issues freely and discuss things that they might not want made
public in court documents and proceedings. An agreement resulting
from the mediation may become public or be filed as a court
document when the participants agree to have that happen.
Frequently Asked Questions
WHO PAYS FOR MEDIATION?
While any one or more of the participants in mediation may agree
to pay for the process, it is most common for all the participants
to share the cost equally. By sharing the cost, each participant
is making a commitment to make the process work.
HOW LONG DOES MEDIATION TAKE?
This depends on the kind of matter being mediated. Divorces
or employment situations which are simple may be worked out in
a couple of two hour sessions with the mediator preparing the
paperwork for the agreement of the parties. More complex divorces
or other kinds of disputes may take several more sessions. Some
business or organization disputes are handled in one full day
session.
DOES A MEDIATOR MAKE RECOMMENDATIONS OR DECISIONS?
A mediator does not make decisions for participants, although
she may give guidance to parties from her knowledge of court
case outcomes. Parties are always advised to seek independent
legal advice from an attorney that is acting as his or her own
advocate before signing any final agreement. In some situations,
the parties may decide to have a mediator act as an arbitrator
(Med-Arb) if they are unable to reach an agreement. Go to the
MED-ARB page.
DO LAWYERS PARTICIPATE IN MEDIATION?
In some kinds of cases, such as employment or business matters,
lawyers may sit in on the mediation with their clients. In other
kinds of cases, such as divorces, lawyers will give participants
advice, but not sit in on the actual mediation sessions. Even
where lawyers are present, the purpose of the mediation is to
have the participants speak for themselves. Participants are
always advised to talk to a lawyer before signing any final
agreements.
WHAT HAPPENS IF AN AGREEMENT IS REACHED?
The mediator will usually work with the participants to draft
a document that incorporates the agreement of the parties. Depending
on the kind of case being mediated, that document and/or others
may need to be reviewed and finalized to be filed with a court.
The documents that are filed with the court are usually prepared
by a lawyer.