FAQs
General
- What is mediation?
Mediation is an informal and non-adversarial dispute resolution process that helps people identify issues, clarify misunderstandings, explore solutions and negotiate agreements. There are no losers in mediation. There is no judge or jury. There is no right or wrong, and there are no counselors or people giving you advice. There are only avenues to finding reconciliation between disputing parties through the skills of a trained mediator. - What are the benefits of mediation?
There are many benefits. By far the most important is that, in mediation, the parties arrive at their own agreement acceptable to both sides. There is no “right” or “wrong”. There is no loser in the dispute, as neither side loses control. The mediation process protects the integrity of those in dispute and enhances the possibility of a workable future relationship.
By contrast, in a litigated divorce (or other lawsuit), a judge decides all contested issues according to standard legal criteria that may not meet the needs of the parties. In short, once it is in the courts you no longer have any control of the outcome. One, or both, parties are going to lose. If they must continue to associate with each other, that association will likely be confrontational and highly unpleasant.
Mediation is confidential. Mediation is typically faster and much less expensive than adversarial or litigated disputes. Agreements reached through mediation tend to last over time because the people affected by the decisions are the ones making them. When parties reach their own agreement, they avoid unpredictable solutions that often result from the adversarial process. Mediation does not dwell in the past, but looks to the future, creating a positive environment for parties to relate to each other on a go-forward basis.
back to top - When is the best time for mediation?
Ideally, the sooner the better, before parties incur the expense and emotional turmoil of litigation. Parties often think mediation isn’t necessary until things suddenly escalate and, before you know it, they are going to court. If you are already in litigation, it’s still not too late. Many cases settle out of court or just before trial. Therefore it's never too late to mediate.
back to top - How do I start the mediation process?
Once all parties have agreed to mediation, we will send you a “Preparation Kit”. The kit includes a detailed explanation of the mediation process, an Agreement to Mediate for you to sign and information sheets for you to explain your dispute. Once you have returned these sheets to us, we will contact you to verify information and set a mediation date.
Both parties must consent to mediation. Often one party is ready to mediate before the other, so it may take a little coordinating prior to the actual mediation date.
back to top - How many sessions are needed to reach an agreement?
That will depend on the complexity of issues, the level of conflict, and the willingness of both 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.
Divorces can sometimes be more complicated and intense, requiring two to four sessions. Still, many divorces can also be settled in a single session.
back to top - How long is each mediation session?
The average length of a mediation session is 3-5 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.
back to top - Should I bring a lawyer to mediation?
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, your union representative or someone else for support is strictly up to you. But you must inform the mediator and the other party in advance, of who else will be attending. People not scheduled to attend will not be permitted into the mediation session without the consent of the other party.
back to top - I’m a very busy person. Can we possibly do this by E-mail?
It's possible, but not generally recommended. E-mail generally takes much longer and is more expensive. It is more cumbersome to read, type, send, wait, etc. In some cases, where disputing parties live a great distance apart or in cases of international negotiations, virtual or real-time technologies can be very effective.
We have state-of-the art communication technologies for multi-party simultaneous communication, ranging from highly advanced computer communication, to teleconferencing, to videoconferences, to combining more than one of these technologies. Although these options are infinitely better and preferred by many businesses and some individuals, they are more expensive and must be learned by all parties in advance in order to use them. Generally, the most expedient and cost-effective way is to conduct mediations in person.
back to top - In mediation, can you guarantee a settlement?
The only ones who can resolve a dispute are the parties themselves. If either or both of the parties come in bad faith, do not fully disclose the facts, arrive unprepared or truly want their “day in court” than an agreement is highly unlikely. The quality of a mediator is not based upon how many clients were able to agree. Rather, it is whether the mediator maintained confidentiality, provided a friendly and neutral environment for negotiations, followed the facilitative mediation process, gave the parties every opportunity to resolve their dispute and did not attempt to coerce one party or the other into an agreement he or she was not comfortable with.
In fact, when selecting a mediator, you may want to be cautious of mediators that boast a really high percentage of agreements reached. It could be an indication of other possible issues.
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If you speak graciously and sensibly, you will have the right answer for everyone.
