Mediation Process Step Two: mediation sessions
what is mediaton?
Mediation is a discussion between you and the other party, facilitated by the mediator. These dialogues may be conducted in person, by telephone or video conference, or a combination of these methods. You may have an attorney present.
Mediation is a confidential process unlike trials or hearings which are public. The goal is to enable you to talk freely without fear. During mediation, the mediator helps you talk through your issues, they do not make decisions.
Mediations start with an introduction
The mediator explain the mediation process and the role of the mediator. After the explanation, each party will have an opportunity to present the issues in dispute and explain their concerns.
how mediators guide a mediation
After these preliminaries, the mediator will help guide a joint discussion so you spend your time constructively, tackling the problems which must be resolved in an open, direct, and organized fashion. As the mediation progresses, the mediator may use private meetings, called caucuses, to help you work out your differences. In private meetings each party can candidly discuss settlement expectations or offers that can help you reach common ground. The mediator is prohibited from disclosing what is discussed in private sessions unless you give permission.
how long does mediation take?
Unless you or the other party is unwilling to continue discussing resolution, the mediation will end with either both of you signing an agreement to all or some of the issues, or the mediation continues but adjourns for the day. While some disputes are settled in mediation the same day, even if you need several mediations to achieve your best solution, in all resolved cases, the parties can expect to save hundreds if not thousands of dollars in legal and court fees with mediation.
why mediation costs less
A quick resolution does not mean the process is rushed or issues glossed over. You have important problems to resolve and can expect them to be conducted in a serious, thorough manner. Legal proceedings (drafting pleadings, documents, conducting hearings etc.) are by their nature time consuming and costly. Reaching an agreement through direct discussion is simply less time consuming than posing questions and answers through third-parties (your attorneys)and therefore less expensive. And it’s likely you will end up with a more detailed and complete agreement. One that anticipates and addresses potential future issues before they occur.
how mediation can benefit you
Mediation allows you to find flexible solutions to your specific needs and the agreement is enforceable. In mediation, both sides can win and, more importantly, you know exactly what you’ve agreed to. In court the judge (or jury) will decide your case. You won’t know the outcome until the hearing occurs but you will be legally bound by whatever decision is made.
You have more control when you choose the mediation process. You can settle issues and protect your privacy. You can save time, money, and experience less stress.
You may have other questions pertaining to your specific situation. I am happy to answer them during your free consultation. Call me directly at 561.310.2141 or book electronically by clicking the button below.
