What is mediation?

Non-binding Mediation is an affordable option for people who would like to avoid, if possible, the time delay and expense of litigation, or simply to sort out a tangled dispute with neighbors, business associates, or even friends in conflict!  Mediation is also often recommended (or ordered) in Civil Courts when a judge or magistrate believes the parties have not earnestly tried to resolve their dispute before resorting to the judicial system, which is overburdened and time consuming for everyone involved.

Mediation provides to parties in conflict an opportunity to fully discuss issues related to any dispute. In mediation, you will be invited to speak honestly and fully, to listen openly, and to make decisions about how to move forward toward a mutually acceptable resolution. As the parties direct, they may engage in identifying key issues, gaining mutual clarity about respective interests, and generating and modifying written agreements as appropriate. The decision to agree on something is always voluntary, but at the end of a typical two-hour session, the parties will find common ground, and even if there are issues that remain unresolved, the parties should at least have a clear understanding as to what these issues are, and even a game plan for progress!

Mediators provide structure for the parties’ conversation. We may ask questions to stimulate your thinking, to help clarify your concerns and ideas, and to help you solidify and document the agreements you reach. We may ask to speak with each party privately to gain clarity or offer feedback that might be helpful during the mediation.  We may present your offers to the other party on your behalf.  We will ask both parties to be diligent in monitoring the progress of the conversation, and to let us know if it seems off-track. We will maintain total confidentiality about this mediation, subject to certain legal limitations. We will insist on mutual respect among the disputants, and maintain decorum in the mediation, ensuring that every person at the table has a full opportunity to be heard. 

Mediators do not take sides, give legal advice or render decisions. We do not provide a report regarding the mediation to any authority, besides conveying any agreements or necessary forms the parties complete. We will not function as lawyers or accountants for the parties (though the parties may agree to allow their lawyers or other professionals to attend the mediation). Mediation is not a forum to conduct investigations or discovery in contemplation of litigation.

It is important and worthwhile for parties to prepare for mediation, so that they are clear about what is important to each of them. In session, the parties may argue and disagree (respectfully), but they must work hard to make progress, because the solutions to any dispute ultimately come from the disputants. Consider what you want to present and how you want to present it.  Consider what you want the other party to understand about the situation. Consider sharing evidence relevant to the dispute. The mediator will not disclose any such evidence to anyone without consent from its source.