General FAQs

What is Mediation?

Mediation is a voluntary, informal, and confidential conversation between two or more people who share a conflict or dispute. With the help of a certified, experienced, and neutral Mediator, the parties work together to find the best possible solution. This takes place through the use of active listening, storytelling, and negation.

How Long Does Mediation Take?

In general, mediation lasts about 3-4hours. Specifically, some conflicts can be resolved during the minimum 4 hour session, while other conflicts require additional sessions and time to reach a resolution.

It is worth it to note, that all parties have the power to end the mediation at any point, regardless of settlement.

Can Mediators Give Legal Advice?

Unless a Mediator is an attorney, they cannot give legal advice.

Are mediators like judges?

Mediators are neutral, third-party guides who use the tools of listening, reframing, caucusing, and negotiations to facilitate parties reaching their own resolutions. They do not play the same role as a judge in a court proceeding who has the decision-making power. It is this power, that parties retain during mediation.

What should I look for in a mediator?

Because every Mediator has their own unique style, it is important that a potential client feel comfortable with the Mediator they are looking to engage. Some have experience over a wide range of conflicts and others are more specialized, so it is important to asses the whether a specific Mediator is required for any given conflict. Lastly, we highly recommend following up on initial contact with a phone call so you can get a feel for the mediator’s style and tone.

What are the advantages of mediation?

Mediation is faster, less distressing and more cost effective than a court proceeding.

Mediation is confidential and private.

Mediation is safe because the mediator acts as an advocate for both parties and remains neutral throughout the process.

Decision-making power is reserved for adverse parties, while going to court means that a judge ultimately has the final “say”.

Mediation is informal. Parties are free to explore the interests and claims in the conflict or dispute.

Mediation is smart because clients are more likely to get what they want without the hassle of chasing after a rendered judgement.

Mediation is voluntary. You cannot be forced to attend mediation and you retain the right to be present throughout the entire process.

Mediation is fair. The parties use negotiation to arrive at an agreement that feels right to all. If at any point if feel unfair, you are encouraged to voice your feelings to the mediator.

Mediation lays the foundation for future problem solving. After parties have mediated a conflict, they are more likely to utilize cooperative strategies in subsequent conflicts.

What is the mediation process?

The most basic process of mediation involves two adverse parties who want to settle a dispute or conflict. In general, one party reaches out to the mediator for a discussion on the conflict and the process of mediation. The mediator convenes with the parties, separately to gather information on the dispute

Once all parties agree to mediation, an appointment is made and the parties will meet all together in-person, telephonically, or virtually. During the first meeting all parties will be asked to sign an Agree to Mediate that will include a confidentiality clause. Additionally, the Mediator will lay out ground rules to facilitate uninterrupted, free speech and mutual courtesy. It is important for all parties to feel comfortable and supported as the process begins.

The Mediator will guide and prompt an exchange by asking questions and reframing parts of the conversation to facilitate understanding. This part of the process will be heavily guided by the needs of the parties. In some instances, multi-layered conflicts may trigger feelings about another issue which may lead to parties being separated for a time in order to circle back to the dispute. The end goal is a negotiation process to search out the best possible solution that can be created and agreed upon to reach a settlement.

Finally the Mediator will commit the agreement to paper, to be signed by all parties. This agreement becomes an enforceable document moving forward.

Will mediation solve my dispute?

It is important to understand that some conflicts may not be solvable, but all conflicts can be managed. Approximately 95% of civil cases settle outside of court, which suggests that clients have a higher chance of resolving conflicts through mediation than relying on a judge to do so. Entering mediation with the intent for a resolution is the possible possible attitude to have.

Who must attend the mediation?

Mediation requires the presence of all adverse parties. At times, lawyers will be present and, in some cases, as witness, but this is not required. The only required parties to a mediation are those names in the dispute.

How much does mediation cost?

Generally, a client should expect to pay $300-$1000 per session with an experienced Mediator. Often times there are additional fees for interpreters and paperwork.

When considering the cost of mediation, bear in mind that you are paying for the knowledge, times and expertise of the mediator.