Frequently Asked Questions​
Mediation is a voluntary process in which a neutral third party, called a mediator, facilitates communication and negotiation between disputing parties. Unlike litigation, which is adversarial and decided by a judge or jury, mediation is non-adversarial and allows the parties to come up with their own mutually agreeable solutions.
Mediation can be used to resolve a wide range of disputes, including family conflicts, business disputes, personal injury cases, and employment disputes. Essentially, any dispute in which the parties are willing to negotiate and communicate can be mediated.
The length of mediation can vary depending on the complexity of the dispute and the willingness of the parties to work together. However, most mediations can be completed within a few hours to a few days.
Yes, mediations are confidential, meaning that anything said or disclosed during the mediation process cannot be used in court. This allows the parties to be more open and honest in their communication and negotiation.
If the parties are unable to reach an agreement through mediation, they may choose to pursue other forms of conflict resolution, such as arbitration or litigation. However, even if an agreement is not reached, mediation can still be a valuable tool for improving communication and understanding between the parties.
Yes, participation in mediation does not preclude the parties from pursuing legal action if they are unable to reach an agreement through mediation. However, many disputes are successfully resolved through mediation, and litigation can often be avoided altogether.
During a mediation session, the mediator will typically begin by explaining the mediation process and establishing ground rules for communication and negotiation. The parties will then have an opportunity to present their positions and concerns, and the mediator will work with them to identify areas of common ground and explore potential solutions.
Mediation is not legally binding unless the parties reach an agreement and choose to make it legally binding. Unlike a court ruling or arbitration award, which are typically enforceable through the legal system, a mediated agreement is only enforceable to the extent that the parties agree to it. However, because the parties have voluntarily reached an agreement through mediation, they are often more likely to comply with its terms than with a decision imposed by a court or arbitrator.