IS MEDIATION RIGHT FOR ME?

Mediation is a voluntary process of conflict resolution by which parties engage a trained, impartial person (mediator) to help them negotiate an agreement or settle an issue. A mediator remains neutral and objective, does not take sides or make decisions, and has no stake in the outcome. The parties determine how, when and if the dispute is going to be settled. Unlike court, the entire process is voluntary and confidential.

The mediator’s role is to assist the parties to determine their goals, generate creative options, evaluate options and prepare a written agreement.

Mediation may be appropriate if both parties:

  • Share the goal of resolving their dispute without engaging lawyers or the court system;

  • Are willing and able to communicate their interests (goals, wishes, concerns)

  • Are willing to listen to the other party and communicate in a constructive manner;

  • Feel comfortable negotiating on their own behalf;

  • Are open to problem solving and creative thinking;

  • Are open and transparent with one another (willing to share necessary information and financial documents).

 

HOW DOES MEDIATION WORK?

Intake: The mediation process begins with an in-depth individual and confidential consultation with each party so that the mediator can understand your concerns and goals and also determine what information might be needed for the mediation to proceed. The mediator will determine whether mediation is a suitable option for resolving the dispute.

Joint session: Most parties mediate over the Zoom platform although an in-person session may be possible. Together, we will make the choice that is right for you. Generally, sessions will last two hours. The mediator will help you determine the issues for resolution and guide you through the process of negotiation. The number of sessions will depend on your readiness to negotiate and complexity of the issues. With preparation, many parties are able to resolve their conflict within one or two joint sessions.

Report: The mediator will prepare a written report outlining the relevant facts and areas of agreement, which can be used to obtain independent legal advice and made into a binding agreement.