To see a short video answering the frequently asked questions below, please go to:
http://www.xtranormal.com/watch/7776811/
What is Mediation?
Mediation is a voluntary, confidential dispute-resolution process in which disputing parties negotiate their own settlement with the help of an impartial mediator. The negotiating parties decide the outcome while the mediator facilitates the process.
Who are the mediators?
Mediators are not judges who make a decision for the parties, nor do they take sides or give legal, financial or professional advice. They are typically trained professionals who help the parties communicate and make sure that each person gets a chance to talk and be heard to produce the best possible result.
Are there costs?
There can be cost associated with a mediation because you are hiring a professional to perform and facilitate a service, however there are many non-profit clinics around the valley that do mediation for free, and example is the Phoenix School of Law mediation Clinic which handles mediation cases free of charge.
Must I attend Mediation?
Generally, mediation is a voluntary process. If it is not court ordered, then it is up to each party to determine whether they want to attend mediation. However, parties must agree to attend before the mediation. If mediation is ordered by the court, then the parties must attend. However, the parties are not required to reach an agreement. If an agreement is reached, then the parties are required to follow the terms of the agreement.
Is Mediation private?
Mediation is a confidential process. Generally, the parties and the mediators cannot tell anyone what happens during the mediation session. However, confidentiality does not apply to any threats of harm or violence during the mediation process. If an agreement is reached, the agreement is not confidential.
Who decides the outcome of the Mediation and what happens when the parties reach an agreement?
The parties themselves – not the mediators – decide the outcome of the agreement. If an agreement is reached, the mediators draft a written agreement that all parties must sign. This agreement is a binding contract.
What if the parties do not reach an agreement?
If an agreement is not reached during mediation, it is up to the parties to follow through with the next steps. If no lawsuit is pending, then the case returns to the court for the next scheduled hearing. If no lawsuit is pending, a party may decide to file one or to attend another mediation session.
How long will Mediation last?
The length of the session depends on the number of issues to be resolved and the complexity of those issues. Mediation sessions are typically scheduled for 2-3 hours, but the parties determine the length based on their discussions and agreements.
What if previous attempts to talk with one party have failed?
Mediation can work even when other attempts to get the parties talking have failed. This is because it brings in a neutral person, the mediator, who has not been involved in the situation and has no preconceived views as to how it should be resolved. The mediators job is to listen to all parties and help them identify what the issues are an what might be the best way to resolve them. Mediation sessions are often the first time that parties are talking face to face – and the effect can be very powerful
Does Mediation really work?
Mediation depends on the willingness of the parties involved in the dispute. If they want to resolve the situation and are prepared to talk with the other party, listen to what they have to say, and work through some possible solutions, it can be extremely effective way to resolving disputes.
Is a lawyer necessary for Mediation?
In most mediations, the parties wont need a lawyer to present. This is because the parties are trying to work together to solve their problem. It is up to each party to determine whether they wish to consult with a lawyer prior to mediation to discuss the legal consequences of possible settlement terms.
What is a successful Mediation?
It is important to recognize that mediation can be helpful even if the parties do not reach a full agreement on all issues. Mediation is successful if the parties achieve an understanding of each other, full agreement on some issues, but not on others, or an agreement to continue to the discussion or to schedule another mediation.
What is the process of Mediation?
1. As part of the initial intake process, a mediator will listen to our dispute and determine if your case is appropriate for mediation.
2. The other party will be contacted to determine if they are willing to mediate.
3. The mediation will be scheduled at a date and time convenient for both parties
4. At the mediation session each party will explain his or her point of view. The mediators will assist you and the other party to discuss common interest and possible solutions.
5. If you reach an agreement, it will be written as legally binding contract.
Typical cases for Dispute?
Buyer/Seller
Consumer/Business
Co-Workers
Employer/Employee
Landlord/Tenant
Neighbors
Family Law Matters
