What is Mediation

Mediation is a form of alternative dispute resolution that can be helpful in resolving conflicts or disputes between people, whether they are involved in litigation or simply having a disagreement.

MEDIATION

Mediation is a form of alternative dispute resolution that can be helpful in resolving conflicts or disputes between people, whether they are involved in litigation or simply having a disagreement. 

duties of a mediator

The mediator’s job is to help the parties to the dispute or lawsuit come to an agreement. However, it is important to note that he or she is not a judge and cannot make decisions about your case. Rather, they remain neutral and help the parties resolve the dispute themselves on terms that are acceptable to everyone.

Mediation and divorce

A judge may order mediation in your case, especially if you are going through a divorce or a case involving custody or the modification of a Permanent Parenting Plan. The Judge may also order mediation in cases regarding establishing or modifying permanent parenting plans. Most importantly, if you are unable to settle your case at mediation, you will still be able to take your case to court for resolution.

what happens in mediation

Both parties should participate in good faith and make a reasonable effort to resolve the dispute. The amount of time required can vary depending on the issues involved and the complexity of the dispute and the needs and interests of the parties involved.

Your attorney will accompany you to provide legal advice and to assist you with reaching a reasonable resolution.

Most importantly, the mediator cannot give the parties legal advice or function as an attorney for either party. The mediator may meet with the parties together or the mediator may put the parties in separate rooms.

Things to know about mediation

Finally, the process is entirely confidential. This means that offers of settlement and negotiations will not be admissible in Court. Moreover, parties are encouraged to be open and honest in the mediation sessions and to try to find common ground. However, there are a few exceptions like the duty to report any disclosure of child abuse that occurs during a mediation session.

Mediation is important and beneficial in many types of cases. It allows the parties to have more control of the outcome. Most importantly, a successful mediation can save a lot of time and money, including the costs of going to trial.

To learn more about mediation services and the costs associated with mediation, contact our office. 

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