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How Does Mediation Work?

Parties will have an orientation session where the mediator will explain the process of each session like what the parties should focus on, how they should speak to one another, etc.

After this starter session, the parties could have any where from three to eight sessions. During each session the mediator will guide both parties to make their own decisions a resolution. This process allows both parties to really analyze the situation and to understand where each side is coming from.

Once a resolution is reach, the mediator will draw up a memorandum of understanding that specifies what issues have been resolved.

What Kind of Situations Can Be Mediated?

Any type of or issue in a civil case can be mediated as long as both parties agree to mediation. Mediation is available before a lawsuit is even files. Most time the courts even encourage mediation because of 1) lack of resources to have a trial; 2) parties will reach a better resolution; 3) people are often more satisfied with a mediated resolution rather than a decision by a judge.

Some examples of disputes that can be mediated are:

  • Divorces
  • Business Disputes
  • Insurance Claims and/or Coverage
  • Real Estate Disputes
  • Claims By and Against Contractors
  • Elder Abuse
  • Legal Malpractice
  • Property Damage
  • Personal Injury
  • Import/Export Disputes
  • Employment
  • Contract Disputes
Do Mediators Offer Legal Advice?

Mediators DO NOT offer any legal advice. They DO NOT act in the capacity of legal counsel. If you have legal questions, please seek an attorney.

How Can a Mediator Help?

The main differences between a mediator and a lawyer is that a mediator helps you and the other party in working out your disagreements together, pays more attention to your emotional needs and is impartial.

Unlike the legal system, mediation is more sensitive to the issue at hand and tries to build on the strengths rather than have a “we’ll get them” mentality.

What's The Difference Between Mediation and Arbitration?

Mediation and arbitration involve a neutral third party who is not a judge. The neutral party in mediation helps the parties negotiate an agreement and has no power to make decisions.

In arbitration, the neutral third party listens to the facts and then decides the case like a judge would.