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- How long does mediation take?
That depends on your case. Most cases resolve
in one or two sessions. However, cases such as divorces or matters that require more work from the parties may take up to
ten sessions. The good news is: parties that resolve their matters in court don't have a choice in court dates. They are
at the mercy of the court's calendar and their attorneys' full schedules. In mediation, THE PARTIES get to decide when they
will meet with the mediator. Also, the more that the parties are interested in mediation, the more likely they are to want
to work towards a solution! That makes mediation generally a quicker process.
- Does the mediator make any
decisions?
Absolutely not! Mediators are there to help the parties work toward an agreement. They must remain impartial
and cannot take sides. Mediators are trained to balance the playing field between parties in order to help them create an
agreement that is true to the interests of BOTH sides.
- Is my agreement binding?
That's up to you and
the other side. While many agreements are made "on a handshake," people often have good reasons for expecting that their
agreement should be binding. The question of whether your agreement may be binding or not should be considered at the onset
of mediation.
- What if the other side doesn't want to mediate?
Then mediation is not for you. One
of the most important aspects of mediation is that it is a voluntary process. Although some courts mandate mediation, they
cannot mandate that you come to an agreement. The courts are a combative arena. Mediation is a cooperative arena and we
wouldn't want it any other way!
- How much does mediation cost?
Mediation almost always costs less than
litigation. Even if your case takes many mediation sessions to resolve, it almost always costs less for the parties. Instead
of paying two attorneys, the parties split the cost for the mediator.
- Are we guaranteed an agreement?
Unfortunately,
no. Although mediation has about an 85% resolution rate, no-one will ever be FORCED to continue to a final agreement. The
parties, as well as the mediator all have the right to end the mediation when they feel that progress cannot be made. However,
we expect parties to enter mediation with the expectation to negotiate and consider options.
- Can my mediator
give me legal advice?
No. Not even if the mediator is an attorney. If a mediator gave one side legal advice, neutrality
would be breached. While a mediator can tell parties what the law IS, that mediator may not give legal advice. Obviously,
there is a fine line here. The best thing to do is to seek legal advice independently.
- What kind of cases
can you mediate?
We can mediate just about any kind of case--neighbor conflicts, divorces, creditor/debtor settlements,
small claims matters, employer/employee conflicts and business/patron conflicts. If you are unsure about whether mediation
is for you, please call and we will help you to determine whether mediation is appropriate for you.
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